UNITED STATES PATENT AND TRADEMARK OFFICE
`
`____________
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`
` ____________
`
`GAMELOFT, INC.
`Petitioner
`
`v.
`
`INVENTOR HOLDINGS, LLC
`Patent Owner
`
`____________
`
`Case No. TBD
`Patent No. 8,784,198
` ____________
`
`
`
` PETITION FOR INTER PARTES REVIEW
`OF U.S. PATENT NO. 8,784,198
`
`
`
`
`
`
`
`

`
`Petition for Inter Partes Review of
`U.S. Patent No. 8,784,198
`
`
`
`TABLE OF CONTENTS
`I. INTRODUCTION ............................................................................................. 1
`II. SUMMARY OF THE ‘198 PATENT ......................................................................... 1
`III. REQUIREMENTS FOR IPR UNDER 37 C.F.R. § 42.104 ....................................... 1
`A. Grounds for Standing Under 37 C.F.R. § 42.104(a) ...................................... 1
`B. Identification of Challenge Under 37 C.F.R. § 42.104(b) and Relief
`Requested .................................................................................................... 2
`1. The Grounds For Challenge ......................................................................... 2
`2. Level of Skill of a Person Having Ordinary Skill in the Art ....................... 2
`3. Claim Construction Under 37 C.F.R. § 42.104(b)(3) .................................. 3
` locked outcome ....................................................................................... 3
`(a)
`
` unlock code ............................................................................................. 4 (b)
` receive/receiving a signal comprising an unlock code ............................ 5
`(c)
`
` determine/determining an intra-game benefit associated with the (d)
`unlocked outcome ................................................................................ 6
`(e)
` intra-game benefit ................................................................................... 7
`IV. THERE IS A REASONABLE LIKELIHOOD THAT THE CLAIMS OF THE ‘198
`PATENT ARE UNPATENTABLE .................................................................................. 7
`A. Schneier Anticipates Claims 1-5, 7-10, 12, 14-23, 25-30, and 32-33 ............ 7
`1. CM Unlocks Game Enhancements, Modifications, and Advancements ..... 9
`2. AUM Unlocks Game Play ......................................................................... 20
`3. ACAM/Stored Credits Unlock Game Play and Advancements ................ 29
`4. Handicapping Codes Unlock Game Modifications ................................... 39
`5. ASTM Unlocks Game Play and Modifications ......................................... 46
`B. Schneier in view of Uskela Renders Claims 12-13, 30-31 Obvious ............ 52
`C. Schneier in view of Roskowski Renders Claims 6 and 24 Obvious ............ 54
`D. Schneier in view of Allen Renders Claim 11 Obvious ................................ 56
`E. Claims 3 and 22 are Obvious in view of Schneier Alone ............................ 59
`V. MANDATORY NOTICES UNDER 37 C.F.R. § 42.8 .............................................. 59
`VI. CONCLUSION .................................................................................................... 60
`
`
`
`
`
`
`

`
`Petition for Inter Partes Review of
`U.S. Patent No. 8,784,198
`
`I.
`
`INTRODUCTION
`
`Gameloft, Inc. (“Petitioner”) requests an Inter Partes Review (“IPR”) of
`
`claims 1-33 (collectively, the “Challenged Claims”) of U.S. Patent No. 8,784,198
`
`(“the ‘198 Patent”) issued on July 22, 2014. Ex. 1001, ‘198 Patent.
`
`II.
`
`SUMMARY OF THE ‘198 PATENT
`
`The ‘198 patent was filed Jan. 4, 2013. After all claims were rejected for
`
`nonstatutory obviousness-type double patenting and a Terminal Disclaimer was
`
`filed, all claims were allowed. The ‘198 patent issued Jul. 22, 2014. Ex. 1002, ‘198
`
`Patent FH. The ‘198 patent describes a method and apparatus for conducting and
`
`distributing promotions to potential participants and for allowing participants to
`
`receive benefits associated with the promotions. Ex. 1001 at 1:28-32. The
`
`disclosed system includes a controller or other central source, an intermediary
`
`device and a user device. Id. 6:18-28, 11:31-36, Fig. 1. The disclosed controller
`
`generates an outcome that is locked. Id. at 6:18-28, 12:48-49. The ‘198 patent
`
`describes that an unlock code can be used to unlock the outcome. Id. at 14:19-25,
`
`6:18-28. Once unlocked, the user can determine or see a result of the outcome or a
`
`prize, benefit, value, symbol, etc. associated with the outcome. Id. at 5:25-31.
`
`III. REQUIREMENTS FOR IPR UNDER 37 C.F.R. § 42.104
`A. Grounds for Standing Under 37 C.F.R. § 42.104(a)
`
`Petitioner certifies that the ‘198 Patent is available for IPR and that the
`
`Petitioner is not barred or estopped from requesting IPR because Petitioner: (1) is
`
`
`
` 1
`
`

`
`Petition for Inter Partes Review of
`U.S. Patent No. 8,784,198
`not the owner of the ‘198 Patent; (2) has not filed a civil action challenging the
`
`validity of any claim of the ‘198 Patent; and (3) this Petition is filed less than one
`
`year after the Petitioner was served with a complaint alleging infringement.
`
`B.
`
`Identification of Challenge Under 37 C.F.R. § 42.104(b) and Relief
`Requested
`1.
`
`The Grounds For Challenge
`
`Proposed Statutory Rejections for the ‘198 Patent
`Claims 1-5, 7-10, 12, 14-23, 25-30, and 32-33 are anticipated under §102(b) or
`rendered obvious under §103(a) by U.S. Patent No. 5,768,382 to Schneier, et al.
`(“Schneier”) [Ex. 1003]
`
`Claims 12-13, 30-31 are rendered obvious by Schneier in view of U.S. Pat. No.
`8,002,617 to Uskela, et al. (“Uskela”) [Ex. 1004]
`
`Claims 6 and 24 are rendered obvious by Schneier in view of U.S. Pat. No.
`5,624,316 to Roskowski, et al. (“Roskowski”) [Ex. 1005]
`
`Claim 11 is rendered obvious by Schneier in view of U.S. Pat. No. 6,041,216 to
`Allen (“Allen”) [Ex. 1006]
`
`Section IV identifies where each element of the Challenged Claims is found
`
`in the prior art patents and the relevance of the supporting evidence, including
`
`attached Exhibits 1001-1009. 37 C.F.R. § 42.104(b)(4) and (5).
`
`2.
`
`Level of Skill of a Person Having Ordinary Skill in the Art
`
`A person having ordinary skill in the art at the time of the application to
`
`which ‘198 Patent claims priority (February 18, 2000) would have had at minimum
`
`a bachelors degree in electrical engineering or computer science or a related field,
`
`
`
` 2
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`

`
`Petition for Inter Partes Review of
`U.S. Patent No. 8,784,198
`or two or more years of software programming experience. Ex. 1007, Declaration
`
`of Michael Zyda (“Zyda Decl.”) at ¶17.
`
`3.
`
`Claim Construction Under 37 C.F.R. § 42.104(b)(3)
`
`A claim subject to IPR receives the “broadest reasonable construction in
`
`light of the specification of the patent in which it appears.” 37 C.F.R. § 42.100(b).
`
`Unless otherwise noted below, Petitioner proposes, for purposes of IPR only, that
`
`the claim terms of the ‘198 Patent are presumed to take on their ordinary and
`
`customary meaning that the term would have to one of ordinary skill in the art. The
`
`claim construction analysis is not, and should not be viewed as, a concession by
`
`Petitioner as to the proper scope of any claim term in any litigation. These
`
`assumptions are not a waiver of any argument in any litigation that claim terms in
`
`the ‘198 Patent are indefinite or otherwise invalid or unpatentable.
`
`
`(a)
`
`locked outcome
`
`
`
`According to the ‘198 patent, an “outcome” “may be a symbol, value, prize
`
`identifier or indicator, etc.” Ex. 1001, ‘198 patent at 12:48-49; see also id. at
`
`12:49-67, 7:27-44. An “outcome” can be associated with a “specific prize or
`
`benefit,” or it may have a “value, symbol, or other identifier associated with it,
`
`such as a picture of a cherry or orange, the number ‘4,’ an alphanumeric prize
`
`identifier, etc.” Id. at 4:39-47. According to American Heritage Dictionary, 4th ed.,
`
`an “outcome” is a “a result; consequence.” Ex. 1008, American Heritage.
`
`
`
` 3
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`
`Petition for Inter Partes Review of
`U.S. Patent No. 8,784,198
`The ‘198 patent states that a “locked” outcome is one that “may be hidden,
`
`
`
`covered up, masked, concealed, encoded or otherwise ‘locked,’” and the term
`
`“locked” “should be construed broadly and is not meant to imply or suggest any
`
`specific manner or method of hiding, covering, encoding or encrypting, storing,
`
`screening, concealing, masking, etc. a prize, value, symbol, or other benefit
`
`associated with an outcome or to limit how a prize, value, symbol, or other benefit
`
`associated with the outcome is hidden, covered, encoded or encrypted, stored,
`
`screened, concealed, masked, etc.” Ex. 1001 at 4:63-5:15; see also id. at 2:48-53,
`
`4:37-58, 12:48-67. For example, “a ‘locked’ outcome cannot be revealed, accessed,
`
`displayed, determined, etc. by anyone who receives the outcome with an
`
`appropriate ‘unlock’ code that allows the prize, benefit, value, symbol, etc.,
`
`associated with the outcome to be revealed, displayed, accessed, determined, etc.”
`
`Id. at 5:2-6. A “locked outcome” may also include a partially “locked” outcome.
`
`Id. at 14:10-17. Thus, a “locked outcome” at least includes a prize, value, symbol,
`
`or other benefit associated with a result or consequence that is hidden, covered up,
`
`masked, concealed, encoded, stored, etc.
`
`
`
` unlock code (b)
`
`
`
`The ‘198 patent discloses that “an unlock code [] may include or otherwise
`
`provide some or all of the information or data needed to associate a benefit with an
`
`outcome, identify, select or otherwise determine a benefit associated with the
`
`
`
` 4
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`

`
`Petition for Inter Partes Review of
`U.S. Patent No. 8,784,198
`outcome, complete a benefit being revealed by the unlock code, etc.” Id. at 5:16-
`
`21. An “unlock code” allows a user to “see, access, or otherwise ‘unlock’ the
`
`previously received locked outcome, thereby allowing the user to determine or see
`
`a result of the outcome or a prize, benefit, value, symbol, etc., associated with the
`
`outcome.” Id. at 5:25-31. The ‘198 patent describes numerous “unlock code[s]”
`
`including without limitation “written, spoken or data entered password, a radio or
`
`television signal, a sequence or group of keypad selections or entries, … an
`
`electronic or electromagnetic signal, a numerical or alphanumerical sequence, … a
`
`decoding key, rule or algorithm for a code or cypher, etc.” Id. at 5:42-51. Further,
`
`“an outcome might be associated with one or more unlock codes and an unlock
`
`code may be associated with one or more outcomes.” Id. at 5:36-39.
`
`(c)
`
`
`
`receive/receiving a signal comprising an unlock code
`
`
`
` Independent claims 1 and 18 require receive/receiving “a signal comprising
`
`an unlock code.” Dependent claims 2 and 21 require that “the signal” comprises
`
`“an input from the user via the input mechanism.” Dependent claims 3 and 22
`
`require that receiving “the signal” comprises “receiving the signal from a third
`
`party via a network.” The ‘198 patent discloses that an unlock code may be
`
`provided to a user over a “wired or wireless electronic connection with a user
`
`device” or “via phone, email message, telegraph, facsimile, cable modem or any
`
`other electronic means” and also through mail, verbal communication, or printed
`
`
`
` 5
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`

`
`Petition for Inter Partes Review of
`U.S. Patent No. 8,784,198
`text. Id. at 26:23-38; see also id. at 7:18-21, 19:15-35, 38:4-40. Thus, receiving “a
`
`signal” must at least include receiving an input from a user or via a network.
`
` determine/determining (d)
`
`
`intra-game
`an
`associated with the unlocked outcome
`
`benefit
`
`While the ‘198 patent does not specifically disclose how a mobile device
`
`determines an intra-game benefit associated with the unlocked outcome, in general,
`
`“unlocking” the previously locked outcome “thereby allow[s] the user to determine
`
`or see the result of the outcome or a prize, benefit, value, symbol, etc., associated
`
`with the outcome.” Id. at 5:25-31. Thus, “an unlock code [] may include or
`
`otherwise provide some or all of the information or data needed to associate a
`
`benefit with an outcome, identify, select or otherwise determine a benefit
`
`associated with the outcome, complete a benefit being revealed by the unlock code,
`
`etc.” Id. at 5:16-21; see also id. at 2:48-53, 7:32-38, 12:48-67. For example,
`
`“[u]nlocking an outcome may enhance or change play of the game, come to a
`
`conclusion in the game, increase the user’s chances of winning or successfully
`
`completing the game, etc.” Id. at 10:37-39. The claims suggest that it can be
`
`“based on the location” (see, e.g., claims 15 and claim 33; id. at 22:63-67 (“a
`
`benefit associated with an outcome may be selected or varied depending on a
`
`location of … [a] user, user device, … etc. associated with the outcome”)).
`
`Accordingly, determining an intra-game benefit associated with the unlocked
`
`outcome should at least encompass revealing, displaying, identifying, selecting, or
`
`
`
` 6
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`

`
`Petition for Inter Partes Review of
`U.S. Patent No. 8,784,198
`otherwise determining a benefit associated with the unlocked outcome.
`
`(e)
`
`
`
`intra-game benefit
`
`
`
`Independent claims 1 and 18 require an “intra-game benefit associated with
`
`the unlocked outcome.” Exemplary “intra-game benefit[s]” include at least:
`
`“advancement within the game” (claims 9, 28); “enhancement of the game, a
`
`modification of the game, a conclusion of the game, an increase in the users
`
`chances of winning the game, an increase in the user’s chances of successfully
`
`completing the game, continued access to the game or a game piece usable in the
`
`game” (Claims 16, 27); “enhance or change play of the game, come to a
`
`conclusion in the game, increase the user’s chances of winning or successfully
`
`completing the game, etc.” or “allow a user to continue to play a game …, progress
`
`or change the game …, or come to an end of the game ….” (Id. at 10:37-39, 13:43-
`
`46); “an unlock code for one or more outcomes, … an extender of time during
`
`which an unlock code or outcome can be used, an extender of time during which a
`
`qualifying action can be initiated or completed, … a game, a piece of a puzzle, all
`
`or part of a treasure map or game piece, etc.” Id. at 13:1-19.
`
`IV. THERE IS A REASONABLE LIKELIHOOD THAT THE CLAIMS
`OF THE ‘198 PATENT ARE UNPATENTABLE
`
`
`
`The following prior art references disclose each limitation of the Challenged
`
`Claims as shown by the discussion and exemplary citations in the charts below.
`
`A.
`
`Schneier Anticipates Claims 1-5, 7-10, 12, 14-23, 25-30, and 32-33
`
`
`
` 7
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`

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`Petition for Inter Partes Review of
`U.S. Patent No. 8,784,198
`Schneier was filed on November 22, 1995, issued on June 16, 1998, and is
`
`prior art under 35 U.S.C. § 102(b). Ex. 1003, Schneier. Schneier discloses a game
`
`computer, such as a personal digital assistant (“PDA”) or portable game device,
`
`such as a Game Boy (i.e., mobile device), for facilitating play of a game, where
`
`“[t]he practice of playing games on the game computer 14 may be classified as a
`
`person against game activity.” Id. at 5:29-44. The game computer includes a
`
`processor (CPU 27) and memory, such as on a game cartridge or a hard disk,
`
`operable to store a game software program. Id. at 7:48-8:6, 48:58-61, Fig. 4A.
`
`Exemplary games executable by the game computer include chess, poker, Donkey
`
`Kong Country, Mortal Kombat, etc. Id. at 8:28-35, 35:23-37:12, 48:42-52, 52:18-
`
`44. The game computer includes an associated input control device or game
`
`controller, through which the user provides inputs to the game software and plays
`
`the game. See, id. at 5:63-67, 43:57-44:50. Ex. 1007, Zyda Decl. at ¶26. The game
`
`computer outputs the results of a game to a display screen. See, Ex. 1003. at 15:59-
`
`16:33, 28:30-41. Well-known mobile devices, such as the disclosed PDA’s and
`
`portable game devices, included built-in display screens. Ex. 1007 at ¶21. Schneier
`
`discloses numerous embodiments where the disclosed game software receives an
`
`unlock code, unlocks a locked outcome, determines an intra-game benefit
`
`associated with the unlocked outcome, and incorporates the intra-game benefit into
`
`the game. These embodiments are described individually and delineated below.
`
`
`
` 8
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`

`
`Petition for Inter Partes Review of
`U.S. Patent No. 8,784,198
`CM Unlocks Game Enhancements, Modifications, and
`Advancements
`
`1.
`
`Schneier discloses that a player may submit an outcome of a game, such as a
`
`score, for “certification” to a central computer. Ex. 1003 at 27:13-28:58, Fig. 10A.
`
`Outcomes can include “a score, time to completion, and/or any play-related data
`
`that was the result of all or part of playing the game.” Id. at 50:25-34. Upon
`
`authentication of the outcome, the central computer generates a confirmation
`
`message (“CM”) and communicates the CM to the game computer via telephone
`
`networks, modem, RF, cable TV, or satellite links, for example. See, e.g., id. at
`
`28:7-36, 27:33-49, 6:53-7:37. Schneier also discloses that a third party may be
`
`provided with certified outcomes to “handle[] tournament rankings, ratings and
`
`prize distribution.” Id. at 30:4-10. The game software utilizes the CM to unlock
`
`game enhancements, modifications, and advancements when the user achieves a
`
`particular certified level or score. For example, the game software may utilize the
`
`CM to direct the game computer to generate special symbols or medallions (i.e.,
`
`game enhancement) during subsequent game play as a result of an established level
`
`of competence. Id. at 28:36-44. Similarly, after achieving a certified level of play,
`
`the player may be awarded with a subtle “modification of game play or visuals”
`
`(i.e., game modification) Id. at 28:59-29:6. The CM can also be utilized to “unlock
`
`certain attributes of a game,” such as allowing the player “to view special hidden
`
`characters” (i.e., game piece) or “final stages of the game, which are not normally
`
`
`
` 9
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`

`
`Petition for Inter Partes Review of
`U.S. Patent No. 8,784,198
`encountered until a certain level or score is attained” (i.e., game advancement). Id.
`
`at 29:51-59. Each obtained skill level/score (i.e., outcome) is “locked” such that
`
`the associated enhancement, modification, or advancement (i.e., intra-game
`
`benefit) cannot be revealed, accessed, displayed, or determined by anyone who
`
`achieves the skill level/score without an appropriate CM (i.e., unlock code). The
`
`game software utilizes the CM to unlock the outcome; identify, select, or otherwise
`
`determine the game enhancement, modification, or advancement (i.e., intra-game
`
`benefit) associated with the achieved certified level/score (i.e., unlocked outcome);
`
`and then incorporate it into the game. Id. at 28:36-41, 28:66-29:6, 29:51-59.
`
`Claims
`1. A mobile
`device
`operable to
`facilitate a
`game
`playable on
`the mobile
`device,
`the
`mobile
`device
`comprising:
`
`an
`
`[1(a)]
`input
`mechanism
`for
`receiving
`input from a
`user of the
`
`
`
`Anticipated by Schneier (Ex. 1003)
`“In the embodiment shown in FIG. 1A, the system is principally
`comprised of a central computer 12 associated with a central
`authority, and a plurality of game computers 14. The term "game
`computer" is intended to include personal computers ("PCs"),
`personal digital assistants, coin-operated arcade video gaming
`machines, television units coupled to game units (e.g., game
`consoles such as Nintendo, Sega, etc.) and portable game devices
`(e.g., GAME BOY, GAME GEAR, NOMAD and the like). . . .
`Each game computer 14 contains software and/or firmware (for
`convenience, all references herein to programs are to "software")
`which generates games of the type well known in the art. The
`practice of playing games on the game computer 14 may be
`classified as a person against game activity.” Ex. 1003 at 5:29-44;
`see also id. at 8:28-35, 8:62-9:1, 9:12-15, 48:37-41.
`“The game computer may also have an associated input control
`device 17, such as a joystick (shown) as is well known in the art.
`The input/output device 17 may comprise multiple joysticks or
`controls for players to play against each other.” Id. at 5:63-67; see
`also id. at 43:63-66, 7:31-35, 12:45-59.
`“The game controller 504 includes input controls such as joysticks
`
` 10
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`

`
`Petition for Inter Partes Review of
`U.S. Patent No. 8,784,198
`and buttons which communicate via an input interface associated
`with the game computer 14 as is well known in the art. . . . and it
`may be used to enable game play[.]” Id. at 43:57-44:50.
`“The term "game computer" is intended to include personal
`computers ("PCs"), personal digital assistants, coin-operated arcade
`video gaming machines, television units coupled to game units (e.g.,
`game consoles such as Nintendo, Sega, etc.) and portable game
`devices (e.g., GAME BOY, GAME GEAR, NOMAD and the like).”
`Id. at 5:32-37; Ex. 1007, Zyda Decl. at ¶21.
`“At the conclusion of the game, an outcome (e.g., a score) is
`displayed. . . . [A]fter the player powers up the game computer 14
`for the first time, it implements a registration process. The SSCID is
`… displayed on screen.” Ex. 1003 at 15:59-16:33.
`“At step 181, the central computer 12 may generate a confirmation
`message CM which, when communicated to the game computer 14,
`can be used by the game software 15 to cause the game computer 14
`to display a certified scoreboard …. The same confirmation message
`CM can be utilized by the game software 15 to direct the game
`computer 14 to generate special symbols or medallions as a result of
`an established level of competence. These may be made to appear
`on the screen with an identification of the player during subsequent
`game play.” Id. at 28:30-41; see also id. at 7:41-47, 8:62-9:39, 13:1-
`19, 44:1-2, Fig. 1A.
`“Referring now to FIG. 4A, there is shown a schematic of a portion
`of an illustrative memory arrangement and some hardware for the
`game computer 14 in the system of the present invention. For
`convenience, the internal memory 23 of a personal computer 14 is
`shown. The memory 23 includes RAM and ROM and is coupled to
`a central processing unit ("CPU") 27 in a conventional manner, and
`includes a typical operating system (not shown). The CPU 27 and
`related hardware are typically referred to as a processor. … The
`processor executes programs from memory in a conventional
`manner.” Id. at 7:48-61; see also id. at Fig. 4A.
`“Referring now to FIG. 4A, there is shown a schematic of a portion
`of an illustrative memory arrangement and some hardware for the
`game computer 14 in the system of the present invention. For
`convenience, the internal memory 23 of a personal computer 14 is
`shown. The memory 23 includes RAM and ROM and is coupled to
`a central processing unit ("CPU") 27 in a conventional manner, and
`
` 11
`
`mobile
`device;
`
`a
`
`[1(b)]
`display
`for
`screen
`outputting
`results
`of
`the game;
`
`[1(c)]
`processor;
`
`a
`
`a
`
`[1(d)]
`memory,
`the memory
`operable to
`store a first
`software
`
`
`
`

`
`program for
`conducting
`the game on
`the mobile
`device and a
`locked
`outcome of
`the
`game
`such
`that,
`upon
`the
`first
`software
`program
`being stored
`in
`the
`memory,
`the
`processor is
`operable
`with
`first
`software
`program to:
`
`the
`
`[1(d)(i)]
`facilitate
`play of the
`game
`by
`recognizing
`inputs from
`the user via
`the
`input
`mechanism;
`
`Petition for Inter Partes Review of
`U.S. Patent No. 8,784,198
`includes a typical operating system (not shown). . . . The processor
`executes programs from memory in a conventional manner. In the
`illustrative embodiment, memory 23 contains game software 15
`comprised of a game program 26 . . . . The game software 15 may
`comprise a single "program," with the individual elements thereof
`constituting separate routines. For the purpose of description herein,
`the term game software 15 can be broadly defined to include a
`plurality of constituent programs, instructions, routines, databases,
`etc.” Id. at 7:48-8:6; see id. at 5:29-42, 48:38-42, 13:37-14:2, Figs.
`4B, 4D.
`“Game software: Code executed by the game computer which
`allows a player to play a game. The game software typically resides
`on a cartridge, CD-ROM, floppy disk, hard disk, etc.” Id. at 48:58-
`61; see also id. at 5:54-61, 8:28-35, 9:16-39.
`“Outcomes: A score, time to completion, and/or any play-related
`data that was the result of all or part of playing the game. The play
`related data may
`include special statistical
`information as
`determined by the game software, or the play related data can be
`used by the central computer to compile statistical information.
`Alternatively, an outcome may consist of all the game data for the
`entire game, i.e., the entire game is recorded in memory, including
`all of the player's actions, responses, moves and the like.” Id. at
`50:25-33; see also id. at 27:1-15, 28:30-44, 28:59-29:6, 29:51-30:3.
`“The game computer may also have an associated input control
`device 17, such as a joystick (shown) as is well known in the art.
`The input/output device 17 may comprise multiple joysticks or
`controls for players to play against each other.” Id. at 5:63-67; see
`also id. at 43:63-66, 7:31-35, 12:45-59, 39:66-40:9 (“sprites [] are
`movable”), 51:32-33 (“Players maneuver sprites with the game
`controller.”), 51:52-58 (“Tie-breaks can also be based on, for
`example, the number of keystrokes or clicks of a mouse.”); 25:28-31
`(“The authenticatable start message ASTM is communicated to the
`player over the telephone 18, and then entered into the game
`computer 14 by the player at step 140 (e.g., through the computer
`keyboard or a joystick)”); see generally id. at 25:59-60, 35:24-63.
`“[I]t is possible to incorporate the constituent components in a
`tamper-resistant game controller 504. This allows for backward
`compatibility with existing game computers 14. . . . The game
`controller 504 includes input controls such as joysticks and buttons
`
`
`
` 12
`
`

`
`a
`
`[1(d)(ii)]
`receive
`signal
`comprising
`an
`unlock
`code;
`
`[1(d)(iii)]
`unlock
`the
`locked
`outcome of
`the
`game
`using
`the
`unlock
`code,
`thereby
`determining
`an unlocked
`outcome;
`
`Petition for Inter Partes Review of
`U.S. Patent No. 8,784,198
`which communicate via an input interface associated with the game
`computer 14 as is well known in the art.. . . [T]he game controller
`504 is authenticated and it may be used to enable game play[.]” Id.
`at 43:57-44:50; Ex. 1007, Zyda Decl. at ¶26.
`“At step 181, the central computer 12 may generate a confirmation
`message CM which, when communicated to the game computer 14,
`can be used by the game software 15” Ex. 1003 at 28:30-33; see
`also id. at 27:28-28:33; see generally id. at 29:28-30:10.
`“[T]he game computers 14 may communicate with the central
`computer 12 via a modem 20. . . . [T]he game computers 14 may
`communicate with the central computer 12 over RF, cable TV,
`satellite links and the like.” Id. at 7:8-28; see also id. at 6:53-7:7,
`7:28-47, 23:59-24:2, 27:31-52, 46:50-59, 50:11-15, Figs. 1-3, 10A.
`“At step 181, the central computer 12 may generate a confirmation
`message CM which, when communicated to the game computer 14,
`can be used by the game software 15 to cause the game computer 14
`to display a certified scoreboard with language to the effect that a
`particular outcome (e.g., score) was certified by the central
`computer 12. The same confirmation message CM can be utilized
`by the game software 15 to direct the game computer 14 to generate
`special symbols or medallions as a result of an established level of
`competence. These may be made to appear on the screen with an
`identification of the player during subsequent game play.” Id. at
`28:30-44.
`“Prizes or awards can also be offered on an exclusive basis to
`players who achieve certain skill levels. . . . An award for achieving
`a certified level of play may include the incorporation into the game
`software 15 the player's name in background graffiti on the actual
`game screens, renaming game characters, or the modification of the
`game play or visuals in some other subtle manner until a new higher
`scoring player is allowed to change these altered characteristics.” Id.
`at 28:59-29:6; see also id. at 29:9-27.
`“The confirmation message CM may also be utilized to unlock
`certain attributes of a game that are only encountered by high
`scoring players. For example, a top scoring player who receives a
`certified score, may be provided with a confirmation message CM
`that, when read by any game computer 14 with the game software
`15, allows players on that game computer 14 to view special hidden
`characters or final stages of the game, which are not normally
`
`
`
` 13
`
`

`
`[1(d)(iv)]
`determine
`an
`intra-
`game
`benefit
`associated
`with
`the
`unlocked
`outcome;
`and
`incorporate
`the
`intra-
`game
`benefit into
`the
`game
`while it is
`being
`on
`played
`the mobile
`device
`by
`the user.
`
`Petition for Inter Partes Review of
`U.S. Patent No. 8,784,198
`encountered until a certain level or score is attained.” Id. at 29:51-
`59; see also id. at 27:1-9, 29:59-30:3.
`“The same confirmation message CM can be utilized by the game
`software 15 to direct the game computer 14 to generate special
`symbols or medallions as a result of an established level of
`competence. These may be made to appear on the screen with an
`identification of the player during subsequent game play. In view of
`the competitive nature of videogames, this feature greatly enhances
`their play value games by providing for recognition of the player's
`achievements.” Id. at 28:30-44.
`“Prizes or awards can also be offered on an exclusive basis to
`players who achieve certain skill levels. . . . An award for achieving
`a certified level of play may include the incorporation into the game
`software 15 the player's name in background graffiti on the actual
`game screens, renaming game characters, or the modification of the
`game play or visuals in some other subtle manner until a new higher
`scoring player is allowed to change these altered characteristics.” Id.
`at 28:59-29:6; see also id. at 29:9-36.
`“The confirmation message CM may also be utilized to unlock
`certain attributes of a game that are only encountered by high
`scoring players. For example, a top scoring player who receives a
`certified score, may be provided with a confirmation message CM
`that, when read by any game computer 14 with the game software
`15, allows players on that game computer 14 to view special hidden
`characters or final stages of the game, which are not normally
`encountered until a certain level or score is attained. … Thus, the
`high scoring player provides the identity of those players and/or
`their game software serial numbers SSNs to the central computer,
`which incorporates the same into the confirmation message CM. In
`this manner, the confirmation message CM enables only those game
`computers 14 having game software 15 identified by those software
`serial numbers SSNs to reveal the hidden characters or final stages
`of the game.” Id. at 29:51-30:3; see also id. at 27:1-9.
`3. The mobile
`“[T]he central computer 12 may be utilized only to certify
`device of claim 1,
`outcomes. Thus, a third party may be provided with the
`wherein
`the
`confirmation message CM representing a certified outcome,
`processor
`being
`where that third party then handles tournament rankings,
`operable with the
`ratings and prize distribution. For convenience, however, all
`first
`software
`such functions are schematically shown to take place with
`
`
`
` 14
`
`

`
`Petition for Inter Partes Review of
`U.S. Patent No. 8,784,198
`one central computer 12.” Id. at 30:4-10.
`“The confirmation message CM may also be utilized to
`unlock certain attributes of a game that are only encountered
`by high scoring players. For example, a top scoring player
`who receives a certified score, may be provided with a
`confirmation message CM that, when read by any game
`computer 14 with the game software 15, allows players on
`that game computer 14 to view special hidden characters or
`final stages of the game, which are not normally encountered
`until a certain level or score is attained.” Id. at 29:51-59; see
`generally id. at 27:1-30:10.
`“[T]he game computers 14 may communicate with the central
`computer 12 via a modem 20. . . . [T]he game computers 14
`may communicate with the central computer 12 over RF,
`cable TV, satellite links and the like.” Id. at 7:8-28; see also
`id. at 6:53-7:7, 23:59-24:2, 27:28-52, 46:50-59, 50:11-15,
`Figs. 1-3, 10A; see also Schneier as applied to claim 1 in
`Section IV.A.4.
`“[A] top scoring player who receives a certified score, may be
`provided with a confirmation message CM that,