HOWARD&HOWARDATTORNEYSPLLC
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`3800HowardHughesPkwy,Suite1000
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`HOWARD & HOWARD ATTORNEYS PLLC
`Kimberly P. Stein, Esq.
`(Nevada Bar No. 8675)
`Wells Fargo Tower, Suite 1000
`3800 Howard Hughes Parkway
`Las Vegas, Nevada 89169-5980
`Telephone: (702)257-1483
`Facsimile: (702) 567-1568
`Email
`i(Steingcilllowardandfloward.com
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`HOWARD & HOWARD A'1‘TO'RNEYS PLLC
`Patrick M. McCarthy (Michigan Bar No. P49] 00) (admitted pro hac vice)
`One North Main Building, Suite 410
`101 North Main Street
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`Ann Arbor, Michigan 48104-1475
`(734) 761-5957
`Telephone: (734) 222-1483 |Fax:
`Email: PMcCa1'l'l_1y_@Fl<uwa1'danu:il~Ioward.con1
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`Attorneys for PlaintzflK0nami Gaming, Inc
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`UNITED STATES DISTRICT COURT
`DISTRICT OF NEVADA
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`KONAMI GAMING, INC., aNevada
`corporation,
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`Case No.: 2:14-CV-01483-RFB-NJK
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`KONAMI GAMING, INC.’S
`DISCLOSURE OF ASSERTED
`CLAIMS AND INFRINGEMENT
`O T NTIO S
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`C N E
`[D. Nev. LIR.
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`N
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`Plaintiff,
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`V-
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`PTT, LLC d/b/a High 5 Games, a Delaware
`Company,
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`Defendant.
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`PTT, LLC d/b/a High 5 Games, a Delaware
`limited liability company,
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`Counterclaim-Plaintiff,
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`V.
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`KONAMI GAMING, INC., a Nevada
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`corporation,
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`Counterclaim-Defendant.
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`LasVegas,NV89169
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`(702)257-1483
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`Page 1 of 13
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`High5 Exhibit 1012, Page 1 of 44
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`KONAMI GAMING, INC.’S DISCLOSURE OF ASSERTED CLAIMS AND
`INFRINGEMENT CONTENTIONS
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`Pursuant to Local Rule 16.1-6, Plaintiff, Konami Gaming, Inc. (“Konami”), by and
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`through its attorneys of record, the law firm of Howard & Howard Attorneys PLLC, hereby
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`serve their Disclosure Asserted Claims and Infringement Contentions on Defendant PTT, LLC
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`d/b/a High 5 Games (“High 5”).
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`This disclosure is made solely for the purpose of this action. Discovery in this matter
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`is ongoing. Konami’s investigation regarding infringement and additional potential grounds
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`for
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`infringement
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`is ongoing. This disclosure is therefore based upon limited public
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`information available to Konami at the present time, together with Konami’s good faith beliefs
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`regarding the Accused Instrumentalities,‘ and is given without prejudice to Konami’s right to
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`supplement or amend its disclosure as additional facts are ascertained, analysis is made,
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`research is completed and claims are construed.
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`This disclosure is based at least in part upon Konami’s present understanding of the
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`meaning and scope of the claims of the asserted patents in the absence of claim construction
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`proceedings. Konami reserves the right to supplement or amend this disclosure if its
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`understanding of the claims changes, including after the Court’s Claim Construction.
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`Konami also reserves the right
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`to amend and/or supplement
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`its infringement
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`contentions as additional details, including technical documents pertaining to the design of
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`the Accused Instrumentalities, are made available. In the absence of detailed information
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`relating to the documentation of the internal workings of the Accused Instrumentalities, these
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`' "Accused Instrumentalities" are the games that include “Super Stack” made, used, sold, offered for sale, or sold
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`by the Defendant in this action.
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`Page 2 of 13
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`High5 Exhibit 1012, Page 2 of 44
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`infringement contentions are presently made, on information and belief, based on publicly
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`available information.
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`Additionally, Konami reserves the right to expand, add, change, or otherwise amend
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`its infringement contentions consistent with the Federal Rules of Civil Procedure and the
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`Local Rules of the District of Nevada based on its continued investigation, fact discovery and
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`expert discovery. Konami also reserves the right to amend its infringement contentions based
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`on Defendant’s document production.
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`(a) LOCAL RULE 16.1-6(a)
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`Konami asserts that at least the following claims of U.S. Patent No. 8,096,869 (the
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`‘869 patent), are infringed by the use of the Accused Instrumentalities: Claims 1-9, 11, 14,
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`and 19-22 ofthe ‘869 patent. Specifically, upon information and belief, Defendant has made,
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`used, sold and offered to sell an infringing gaming machine and also has made, used, sold,
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`and offered for sale an infringing method as represented by the Accused Instrumentalities
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`under 35 U.S.C. §271(a). More specifically, upon information and belief, Defendant has
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`infringed these claims by using the Accused Instrumentalities in and/or on gaming machines
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`for testing, approval, demonstrations, and offers for sale and,
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`in addition, the Accused
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`Instrumentalities, as used, perform the claimed methods, as further detailed in Attachment A
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`to this disclosure.
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`Defendant also has induced infringement of and contributorily infringed claims 1-9,
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`11, 14, and 19-22 under 35 U.S.C. §§27l(b) and (c) by making, using, selling and offering to
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`sell the Accused Instrumentalities, with knowledge of the ‘869 patent, to manufacturers or
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`distributors or users of gaming machines. Based on facts known to date, Defendant has
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`performed such actions knowing that it will use the Accused Instrumentalities in branded
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`High5 Exhibit 1012, Page 3 of 44
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`gaming machines and, as such, will use the gaming machines in an infringing manner;
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`knowing that the Accused Instrumentalities are a material part of the invention claimed in the
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`‘869 patent; knowing that the Accused Instrumentalities are especially made or especially
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`adapted for use in an infringement of the ‘869 patent; and knowing that the Accused
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`Instrumentalities are not staple articles or commodities of commerce that are suitable for
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`substantial non-infringing use. Examples of such gaming machines include, Bah Humbug,
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`Black Widow, Bollywood Brides, Brazilia, Cherry Mischief, Cirque Chinois, Dangerous
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`Beauty, Desert Rose, Diamonds of Athens, The Dream, Golden Goddess, Golden Tower,
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`Haunted Hearts, Island Eyes, Jaguar Princess, Shadow of the Panther, Prince of Lightning,
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`and The Royal Promise? Some of these gaming machines are playable at various properties
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`in Clark County, Nevada, including, but not limited to, the Silverton Casino and Paris Las
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`Vegas Hotel and Casino, and others are available via Youtube videos.
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`Konami asserts that at least the following claims of U.S. Patent No. 8,366,540 (the
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`‘540 patent), are infringed by the Defendant’s Accused Instrumentalities: Claims 1-1 1, 13, 16
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`and 21-26 of the ‘S40 patent. Specifically, upon information and belief, Defendant has made,
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`used, sold and offered to sell an infringing gaming machine and has made, used, sold, and
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`offered for sale an infringing method as represented by Defendant’ s Accused Instrumentalities
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`2 No documentation or games were found for two game titles originally listed in the Complaint: Might Panther
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`or Dynamite Blast/White Swan, which were originally found at the Paris Hotel & Casino in June of 2015, but are
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`no longer there and no longer listed on High 5’s website. Of note: High 5 has continued to add or delete games
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`that include “Super Stack” as evidenced by the website:
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`Imp:Hwww_hlgr115games.cnm;‘1-a:11e::slga;:1e-
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`lib1*a13IN!‘?fihers’features-super-staclgs, and as such, Konami intends to supplement the Accused Instrumentalities
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`as additional facts are ascertained to determine which actually games High 5 has made, used, sold, offered for
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`sale, or sold.
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`Page 4 of 13
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`under 35 U.S.C. §271(a). More specifically, upon information and belief, Defendant has
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`infringed these claims by using the Accused Instrumentalities in and/or on gaming machines
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`for testing, approval, demonstrations, and offers for sale and,
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`in addition,
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`the Accused
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`Instrumentalities, as used, perform the claimed methods, as further detailed in Attachment A
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`to this disclosure.
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`Defendant also has induced infringement of and contributorily infringed claims 1-11,
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`13, 16 and 21-26 under 35 U.S.C. §§271(b) and (c) by making, using, selling and offering to
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`sell the Accused Instrumentalities, with knowledge of the ‘540 patent, to manufacturers or
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`distributors or users of gaming machines. Based on facts known to date, Defendant has
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`performed such actions knowing that it will use the Accused Instrumentalities in branded
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`gaming machines and, as such, will use the gaming machines in an infringing manner;
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`knowing that the Accused Instrumentalities are a material part ofthe invention claimed in the
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`‘540 patent; knowing that the Accused Instrumentalities are especially made or especially
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`adapted for use in an infringement of the ‘540 patent; and knowing that the Accused
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`Instrumentalities are not staple articles or commodities of commerce that are suitable for
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`substantial non-infringing use. Examples of such gaming machines include, Bah Humbug,
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`Black Widow, Bollywood Brides, Brazilia, Cherry Mischief, Cirque Chinois, Dangerous
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`Beauty, Desert Rose, Diamonds of Athens, The Dream, Golden Goddess, Golden Tower,
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`Haunted Hearts, Island Eyes, Jaguar Princess, Shadow of the Panther, Prince of Lightning,
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`and The Royal Promise} Some of these gaming machines are playable at various properties
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`in Clark County, Nevada, including, but not limited to, the Silverton Casino and Paris Las
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`Vegas Hotel and Casino, and others are available via Youtube videos.
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`3See Footnote 2.
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`Page 5 of 13
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`High5 Exhibit 1012, Page 5 of 44
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`Konami asserts that at least the following claims of U.S. Patent No. 8,622,810 (the
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`‘810 patent), are infringed by the use of the Accused Instrumentalities: Claims 1-15 of the
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`‘810 Patent. Specifically, upon information and belief, Defendant has made, used, sold and
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`offered to sell an infringing gaming machine and also has made, used, sold, and offered for
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`sale an infringing method as represented by the Accused Instrumentalities under 35 U.S.C.
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`§27 1 (a). More specifically, upon information and belief, Defendant has infringed these claims
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`by using the Accused Instrumentalities in and/or on gaming machines for testing, approval,
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`demonstrations, and offers for sale and, in addition, the Accused Instrumentalities, as used,
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`perform the claimed methods, as further detailed in Attachment A to this disclosure.
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`Defendant also has induced infringement of and contributorily infringed claims 1-15
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`under 35 U.S.C. §§27l(b) and (c) by making, using, selling and offering to sell the Accused
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`Instrumentalities, with knowledge of the ‘8l0 patent, to manufacturers or distributors and
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`users of gaming machines. Based on facts known to date, Defendant has performed such
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`actions knowing that it will use the Accused Instrumentalities in branded gaming machines
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`and, as such, will use the gaming machines in an infringing manner; knowing that the Accused
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`Instrumentalities are a material part of the invention claimed in the ‘8l0 patent; knowing that
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`the Accused Instrumentalities are especially made or especially adapted for use in an
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`infringement ofthe ‘ 810 patent; and knowing that the Accused Instrumentalities are not staple
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`articles or commodities of commerce that are suitable for substantial non-infringing use.
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`Examples of such gaming machines include, Bah Humbug, Black Widow, Bollywood Brides,
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`Brazilia, Cherry Mischief, Cirque Chinois, Dangerous Beauty, Desert Rose, Diamonds of
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`Athens, The Dream, Golden Goddess, Golden Tower, Haunted Hearts, Island Eyes, Jaguar
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`High5 Exhibit 1012, Page 6 of 44
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`Princess, Shadow of the Panther, Prince of Lightning, and The Royal Promise.‘ Some ofthese
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`gaming machines are playable at various properties in Clark County, Nevada, including, but
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`not limited to, the Silverton Casino and Paris Las Vegas Hotel and Casino, and others are
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`available Via Youtube videos.
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`Konami asserts that at least the following claims of U.S. Patent No. 8,616,955 (the
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`‘955 patent), are infringed by the Defendant’s Accused Instrumentalities: Claims 1, 4-10, and
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`13-19 ofthe ‘ 955 patent. Specifically, upon information and belief, Defendant has made, used,
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`sold and offered to sell an infringing gaming machine and has made, used, sold, and offered
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`for sale an infringing method as represented by Defendant’s Accused Instrumentalities under
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`35 U.S.C. §271(a). More specifically, upon information and belief, Defendant has infringed
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`these claims by using the Accused Instrumentalities in and/or on gaming machines for testing,
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`approval, demonstrations, and offers for sale and, in addition, the Accused Instrumentalities,
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`as used, perform the claimed methods, as further detailed in Attachment A to this disclosure.
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`Defendant also has induced infringement of and contributorily infringed claims 1, 4-
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`10, and 13-19 under 35 U.S.C. §§27l(b) and (c) by making, using, selling and offering to sell
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`the Accused Instrumentalities, with knowledge of the ‘955 patent,
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`to manufacturers or
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`distributors or users of gaming machines. Based on facts known to date, Defendant has
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`performed such actions knowing that it will use the Accused Instrumentalities in branded
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`gaming machines and, as such, will use the gaming machines in an infringing manner;
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`knowing that the Accused Instrumentalities are a material part of the invention claimed in the
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`‘955 patent; knowing that the Accused Instrumentalities are especially made or especially
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`adapted for use in an infringement of the ‘955 patent; and knowing that the Accused
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`4 See Footnote 2.
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`Page 7 of 13
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`High5 Exhibit 1012, Page 7 of 44
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`Instrumentalities are not staple articles or commodities of commerce that are suitable for
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`substantial non-infringing use. Examples of such gaming machines include, Bah Humbug,
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`Black Widow, Bollywood Brides, Brazilia, Cherry Mischief, Cirque Chinois, Dangerous
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`Beauty, Desert Rose, Diamonds of Athens, The Dream, Golden Goddess, Golden Tower,
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`Haunted Hearts, Island Eyes, Jaguar Princess, Shadow of the Panther, Prince of Lightning,
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`and The Royal Promise.5 Some of these gaming machines are playable at various properties
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`in Clark County, Nevada, including, but not limited to, the Silverton Casino and Paris Las
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`Vegas Hotel and Casino, and others are available via Youtube videos.
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`Konami provides a claim chart identifying where each claim element is met by the
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`Accused Instrumentalities in Attachment A to this disclosure pursuant to L.R. 16.1-4.
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`(b) LOCAL RULE 16.1-6(b)
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`Konami sets forth, separately for each Asserted Claim, each Accused lnstrumentality
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`by Defendant of which it is aware in Attachment A and summarized in the Table below.
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`Defendant
`High 5
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`Accused Instrumentality
`at least the following games that
`include the “Super Stack” feature:
`Bah Humbug, Black Widow,
`Bollywood Brides, Brazilia,
`Cherry Mischief, Cirque Chinois,
`Dangerous Beauty, Desert Rose,
`Diamonds of Athens, The Dream,
`Golden Goddess, Golden Tower,
`Haunted Hearts, Island Eyes,
`Jaguar Princess, Shadow of the
`Panther, Prince of Lightning, and
`_| The Royal Promise.6
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`
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`5 See Footnote 2.
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`5 See Footnote 2.
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`High5 Exhibit 1012, Page 8 of 44
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`The infringement chart is applicable to the products as indicated in the chart, including
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`any insubstantially different versions thereof, and including predecessor versions thereof, and
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`other attachment products that function in the same or similar fashion.
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`(c) LOCAL RULE 16.1-6(c)
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`Konami sets forth a chart identifying specifically where each limitation of each
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`Asserted Claim is found within each Accused Instrumentality of Defendant in Attachment A.
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`Attachment A contains illustrative examples of Defendant’s infringement of the Asserted
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`Claims. However, it should be understood that such examples are illustrative in nature and not
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`exhaustive. Moreover, the Accused Instrumentalities may be incorporated into other products
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`whose identities are not presently known or available to Konami. Such products also constitute
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`infringement of the Asserted Claims.
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`(d/e) LOCAL RULE 16.1-6(d/e)
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`The relevant participants and acts of indirect infringement are set forth in Section (21)
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`above. To that extent that Defendant does not directly infringe any of the claims identified in
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`Section (a), upon information and belief, Defendant has an exclusive agreement to provide
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`the Accused Instrumentalities with other gaming machine manufacturers and/or distributors
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`of gaming machines, and Defendant’s Accused Instrumentalities are incorporated into such
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`manufacturer/distributor’s gaming machines, which directly infringe the claims identified in
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`Section (a). Unless otherwise noted in the Attachments attached hereto, each element of the
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`Asserted Claim is currently alleged to be literally present. To the extent that any specific
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`limitation of the Asserted Claims is found to not be present literally, then Konami contends
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`that,
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`if there are any differences between the claim elements and each Accused
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`Instrumentality, the differences are insubstantial and each Instrumentality would therefore
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`infringe under the Doctrine of Equivalents. Furthermore, Konami expressly reserves the right
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`High5 Exhibit 1012, Page 9 of 44
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`to seek leave of Court to amend or supplement this disclosure after discovery from Defendant
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`or as permitted under the Rules.
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`(1) LOCAL RULE 16.1-6(t)
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`All Asserted Claims of the ‘869 Patent, the ‘S40 Patent, the ‘810 Patent, and the ‘955
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`Patent are entitled to the priority date of at least February 14, 2005 based upon at least the
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`filing of Australian Application No. 2005900681.
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`(g) LOCAL RULE 16.1-6(g)
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`For purposes of claim construction under Markman only, Konami
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`identifies no
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`apparatus, product, device, process, method, act or other instrumentality that incorporates or
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`reflects a particular claim.
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`(h) LOCAL RULE 16.1-7(a—e)
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`Pursuant to Local Rule 16.1 -7, Konami hereby identifies the following documents that
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`correspond to the categories identified by Local Rule 16.1-7 for the ‘869 Patent, the ‘540
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`Patent, the ‘810 Patent, and the ‘955 Patent:
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`Local Rule 16.1(a): Konami is currently unaware of any documents evidencing
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`any disclosure, offer to sell, or sale ofthe invention to a third party prior to the date
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`of application for the ‘869 Patent, the ‘S40 Patent, the ‘810 Patent, and the ‘955
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`Patent.
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`Local Rule 16.1(b): Konami states herewith the following are now being produced
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`through KONAMI GAMING, INC.’S FIRST SUPPLEMENT TO FRCP 26(a)(1)
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`INITIAL DISCLOSURES being produced concurrently herewith):
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`KGI00117-KGI00407
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`LR 16.1—7(b). Document Production - Documents
`evidencing the conception, reduction to practice,
`design and development of each claimed invention,
`which were created on or before the date of
`a
`lication for the_pLtent in suit or the Eiorityfle
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`11
`
`12
`
`13
`
`14
`
`15
`
`16
`
`17
`
`18
`
`19
`
`20
`
`21
`
`22
`
`23
`
`24
`
`25
`
`26
`
`27
`
`28
`
`LasVegas,NV89169
`
`
`
`(702)257-1483
`
`High5 Exhibit 1012, Page 10 of 44
`
`
`
`
`
`HOWARD&HOWARDATTORNEYSPLLC
`
`
`
`
`
`3800HowardHughesPkwy,Suite1000
`
`
`
`
`
`

`
`identified pursuant to LR 16.1-6(1), whichever is
`earlier for - U.S. Patent No. 8,096,869, U.S. Patent No.
`8,366,540, U.S. Patent No. 8,622,810, and U.S. Patent
`No. 8,616,955
`
`Local Rule 16. 1 (c): Konami states herewith the following are now being produced
`
`through KONAMI GAMING, INC.’S FIRST SUPPLEMENT TO FRCP 26(a)(1)
`
`INITIAL DISCLOSURES being produced concurrently herewith:
`
`KGI00408-KGI00725
`KGI00726-KGI01032
`KGI01306-KGI01570
`KGl0l033-KGI01305
`
`File I-listm'y_- U.S. Patent No. 8,096,869
`File Histm'_v_- U.S. Patent No. 8,366,540
`File l-Iistm_'y_- U.S. Patent No. 8,622,810
`File Histiry - U.S. Patent No. 8.616.955
`
`
`
`Local Rule 16.1(d): Konami states herewith the following are available for
`
`inspection and copying:
`
`Documents evidencing ownership of U.S. Patent No.
`8,096,869
`Documents evidencing ownership of U.S. Patent No.
`8,366,540
`Documents evidencing ownership of U.S. Patent No.
`3,(a2g,§ 10
`Documents evidencing ownership of U.S. Patent No.
`8.616.955
`
`TKGI01571-KGI01577
`
`KGI01578-KGI01584
`
`KGI0l592-KGI01598
`
`KGI01585-KGI01591
`
`Local Rule 16.l(e): Pursuant to Local Rule 16.1-7, Konami hereby identifies the
`
`following documents that correspond to the categories identified by Local Rule
`
`16.1-7 for the ‘869 Patent, the ‘540 Patent, the ‘8l0 Patent, and the ‘955 Patent:
`
`Local Rule 16.1(a): Konami is currently unaware of any documents evidencing If
`
`the operation of any aspects or elements of such instrumentalities the patent
`
`claimant relies upon as embodying any asserted claims.
`
`///
`
`Page 11 ofl3
`
`.._.
`
`v—->-~>—‘©\OOO\lO'\U'I-kLIJI\)
`[\.)l-—‘r—|h—|r—‘|-—‘r—Ib-It-K©\OOO\lO‘\U1-l>La-)l\)
`
`N) >—-
`
`IO[0
`
`l\)U)
`
`Ix)-P
`
`N Ln
`
`[0 O\
`
`l\)\]
`
`l\) 00
`
`LasVegas,NV89169
`
`
`
`(702)257-1483
`
`High5 Exhibit 1012, Page 11 of 44
`
`
`
`
`
`HOWARD&HOWARDATTORNEYSPLLC
`
`
`
`3800HowardHughesPkwy,Suite1000
`
`
`
`
`
`

`
`
`
`
`
`HOWARD&HOWARDATTORNEYSPLLC
`
`
`
`
`
`3800HowardHughesPkwy,Suite1000
`
`
`
`
`
`Konami expressly reserves its rights, including but not limited to its rights under
`
`Federal Rule of Civil Procedure 26(e),
`
`to supplement
`
`these disclosures in light of
`
`developments in this case.
`
`Respectfully submitted,
`
`Dated: May 27, 2015.
`
`HOWARD & HOWARD ATTORNEYS PLLC
`
`/5;’ Kfmberiy P. Stein
`Kimberly P. Stein (Nevada Bar No. 8675)
`Wells Fargo Tower, Suite 1000
`3800 Howard Hughes Parkway
`Las Vegas, Nevada 89169-5980
`Telephone: (T02) 257-1483 |Fax: (702) 567-1568
`Email:
`IC.Steinr’Ez),llowardanclH.nweu'd.eom
`
`HOWARD & HOWARD ATTORNEYS PLLC
`Patrick M. McCarthy (Michigan Bar No. P49100)
`(admitted pro hac vice)
`One North Main Building, Suite 410
`101 North Main Street
`
`Ann Arbor, Michigan 48104-1475
`Telephone: (734) 222-1433 [Fax: (734) 761-5957
`Email: PMcCa1'lfiy_@HowardandHnward.com
`
`Attorneys for Plaintifl'K0nami Gaming, Inc.
`
`
`
`F-4I-—‘l\)®\OOO\lO’\UI-Rb-)l\)
`
`._r L»)
`
`LasVegas,NV89169
`
`
`
`(702)257-1483
`
`Page 12 of13
`
`Highs Exhibit 1012, Page 12 of 44
`
`

`
`
`
`
`
`HOWARD&HOWARDATTORNEYSPLLC
`
`
`
`
`
`3800HowardHughesPkwy,Suite1000
`
`
`
`
`
`CERTIFICATE OF SERVICE
`
`I, the undersigned, do hereby certify that on May 27, 2015, that a true and correct copy
`
`of the foregoing document
`
`KONAMI GAMING INC ‘S DISCLOSURE OF ASSERTED
` —:
`
`AIMS AND INFRINGEMENT CONTENTIONS, were served by electronic mail on
`CL
` $—__.:._
`
`the following attorneys of record:
`
`Robert C. Ryan
`HOLLAND & HART LLP
`5441 Kietzke Lane, Second Floor
`Reno, NV 89511
`rcryan@ho1lagdharl.com
`
`Ryan A. Loosvelt
`HOLLAND & HART LLP
`9555 Hillwood Drive, Second Floor
`Las Vegas, NV 89134
`raloosvelt@hollandhartcum
`
`Christopher B. Hadley
`(admitted Pro hac vice)
`HOLLAND & HART LLP
`222 South Main St., Suite 2200
`Salt Lake City, UT 84101
`cbhadle
`hollandhanconi
`
`
`An e1.
`Ioyee of Howard & Howard
`to eys PLLC
`
`
`
`
`
`0-:
`
`|—Iu—AI-‘©\OOO\lO\UI-I:-Lo)l\)
`
`[\)i—iP-‘i—|b-|I—lD—lb—|b—‘O\DOO\lO\Lh-I?-LAJIQ
`
`l\> --I
`
`I0I0
`
`l\) U)
`
`I943
`
`l\)LII
`
`N)ON
`
`I\.)\]
`
`IN) 00
`
`LasVegas,NV89169
`
`
`
`(702)257-1483
`
`Page 13 of 13
`
`High5 Exhibit 1012, Page 13 of 44
`
`

`
`Attachment A
`
`This preliminary report compares the games cited in the Complaint of Konami
`Gaming v. PTT LLC d/b/a High 5 Games, dated September 12, 2014, in which the
`Super Stacks feature of the above games are asserted to infringe on Konami patents
`8,096,869, 8,366,540, 8,622,810 and 8,622,955.
`
`Resources referenced by this report
`
`1. The Complaint for Patent Infringement Konami Gaming Inc v. PTT, LLC d/b/a
`High 5 Games dated September 12, 2014
`
`2. The text and drawings of United States Patents 8,096,869, 8,366,540,
`8,622,810 and 8,616,955
`
`3. The website mmLhizh5£.emea.s:.Q1n
`
`4. Youtube video, provided by High5Games, of the game Bah Humbug, located
`at htjgpgz1[wmm,yQg;gLgg,ggm(yga1;g]1'»’,3,g=aQN flfzl g1Q
`5. Youtube video, provided by High5Games, of the game Black Widow, located
`at ?y=Gibb5bLtklfi
`
`
`
`7. Youtube video, provided by High5Games, of the game Brazilia, located at
`h
`-
`e.c
`w
`7 =25&v=CEx0 tZ
`U
`
`8. Youtube video, provided by High5Games, of the game Cherry Mischief,
`located at
`
`9. A description of the game Cirque Chinois at
`
`10. Youtube video, provided by High5Games, of the game Dangerous Beauty,
`located athggps;[(flygm;,yg13§],gb§,ggm gm ;g|]?y[==|,I§§d15ghE'|f|;
`
`11. Youtube video, provided by High5Games, of the game Desert Rose, located at
`
`12. Youtube video, provided by High5Games, of the game Diamond of Athens,
`located at
`
`13. Youtube video, provided by High5Games, of the game The Dream, located at
`
`
`14. Play ofthe game Golden Goddess on May 15, 2015 Silverton casino in Las
`Vegas NV.
`
`15. Youtube video, provided by High5Games, of the game Golden Tower, located
`at
`
`High5 Exhibit 1012, Page 14 of 44
`
`

`
`16. Youtube video, provided by High5Games, of the game Haunted Hearts,
`located at htgpg-.1 gm5gm,1Qu;uhg,ggm (wa;ch?3g='|E\_n,1v03[]Bj|f1'mg (6 reels)
`17. Play of the game Island Eyes on May 15, 2015 at Silverton casino in Las Vegas
`NV
`
`18. Youtube video, provided by High5 Games, of the game Jaguar Princess,
`located at
`19. Youtube video, provided by High5Games, of the game Prince of Lightning,
`located at 11:11::-,1 [m.5m,1Qg§;1;bg.g;gm (_'w§tch?y='T‘5§]j mggiwgz
`
`20. Play of the game The Royal Promise on May 15, 2015 at Silverton casino in
`Las Vegas NV.
`21. Play and photographs of Shadow of the Panther on May 15, 2015 at Silverton
`casino in Las Vegas NV.
`
`High5 Exhibit 1012, Page 15 of 44
`
`

`
`The following definitions were used in preparation of this report.
`
`Definitions
`
`Notational, non-
`visible inner reel
`
`A random selection algorithm (As described at
`column 4 line 55 to column 5 line 12 of US Patent
`8,096,869)
`
`Probability of
`selection
`
`Random
`
`The likelihood that a given symbol will be selected.
`
`"Of or characterizing a process of selection in which
`each item of a set has an equal probability of being
`chosen" (www.dictionary.com)
`
`Subset
`
`"A set consisting of elements of a given set that can
`be the same as the given set or smaller"
`(www.dictionary.com)
`
`High5 Exhibit 1012, Page 16 of 44
`
`

`
`Report Overview
`
`Konami names twenty game titles in its complaint. No documentation or games
`were found for the two game titles originally listed in the Complaint, which were
`originally found at the Paris Hotel & Casino in lune of 2015, but are no longer there
`and no longer listed on High 5's website. Of note: High 5 has continued to add or
`delete games that include "Super Stack" as evidenced by the website:
`http://www.high5games.com/games/game-library/#?filters=features-super-
`stacks, and as such, Konami intends to supplement the Accused Instrumentalities as
`additional facts are ascertained to determine which actually games High 5 has made,
`used, sold, offered for sale, or sold. The two games listed as follows are thus
`excluded from this report.
`
`a Dynamite Blast/White Swan
`«I Might Panther
`
`The remaining eighteen titles are encompassed in this report:
`
`Bah Humbug
`Black Widow
`
`Bollywood Bride
`Brazilia
`
`Cherry Mischief
`Cirque Chinois
`Dangerous Beauty
`Desert Rose
`Diamond of Athens
`The Dream
`Golden Goddess
`Golden Tower
`Haunted Hearts
`
`Island Eyes
`Iaguar Princess
`Prince of Lightning
`The Royal Promise
`Shadow of the Panther
`
`OIOICIICIOIIOOIOIO
`
`Highs Exhibit 1012, Page 17 of 44
`
`

`
`Super Stacks
`
`Each of these eighteen titles uses a concept called "Super Stacks", an explanation of
`which is found at
`-
`l
`'
`.
`2
`4-
`-
`d
`-
`-
`stacks; , posted on May 2, 2014 by "bobbyhigh5" and reprinted here:
`
`
`
`Slot Fundamentals is a column we ’ll be
`
`running occasionally to help our players
`
`better understand how our games work.
`
`This edition deals with Super Stacks, a
`
`popularfeature that can be found in many
`
`finally settle on the reels. As the . various colors and shapes whiz by, the
`
`ofour games.
`
`One of the best parts of playing slot
`
`games is the time between when a
`
`player spins and when the symbols
`
`suspense builds and anything seems possible. That fleeting feeling of anticipation
`and possibility is one of the reasons playing slots is so much fun. Super Stacks
`make the time between the spin and the payout even more exciting, and
`
`potentially lead to big and beautiful wins as well. But how exactly do Super
`Stacks work?
`
`Essentially, Super Stacks increase the frequency that a full stack of the same
`symbol will land in a reel. In a Super Stacks game you're likely to see long rows
`of matching symbols in each of the vertical columns, instead of random
`groupings of various symbols. This feature leads to compelling gameplay,
`
`because long rows of matching symbols humming by create even more suspense
`
`than usual. More importantly, it increases the potential for huge blowout wins,
`
`complete with stunning animated graphics. Look for Super Stacks in Q
`§a_si11_o games like Dangerous Beauty, Jaguar Princess, MISS UNIVERSE Crowning
`
`High5 Exhibit 1012, Page 18 of 44
`
`

`
`Moment, Purrfect, and She—Wo|f and S_haLc_1hc Sky games like Bollywood Bride,
`
`Cirque Chinois, and Silk 81 Steel.
`
`High5 Exhibit 1012, Page 19 of 44
`
`

`
`Four of the titles listed in the Konami complaint were played at Silverton casino in
`Las Vegas on May 15, 2015. The game titles played were: Golden Goddess, Island
`Eyes, Royal Promise and Shadow of the Panther.
`
`Each of these games provided publicly viewable help screens which further defined
`the functionality of Super Stacks. Images of those help screens are reproduced here
`in Figures 1-4:
`
`At the slarl of_ench'game. lhe reels contain slacks of
`-4-
`'» I
`.
`5731150‘? lhal transform rllln one of the following symbols:
`
`uni
`
`Figure 1. Golden Goddess, help screen page.
`
`ismwp EYES
`
`“Sl_lI’EK ST/\(3KS" FEATURE,
`
`»_
`SM
`‘C?
`'-S\.
`-' ‘F
`‘
`'
`In
`_'
`" ‘.-
`'2.‘ wt
`'
`J‘
`.
`.'I
`lrmi.~<lr)rm'
`’Il -‘im min Hm!
`lfirz l1',".lf HUI."/1llril'«:fl"
`illlh r.:n~'- of
`llw lrfllryr ins», !‘m'u';l-
`‘viillI!‘.f‘l?Hfl}li15‘if1ll(l9'3
`
`.
`-
`
`'.
`
`appear: on reels 2, 3, and 4 only.
`{pl ap|)l'.aI'3 on rm-.l.-4 2, 3, and 4 only.
`
`gmamsmasoa
`
`.-«farm:-.11 :*.wnhnI positions on
`All
`n rtml trnnaiorrn Into the sauna svmhol.
`who
`F’
`
`4?‘1.-
`
`Figure 2. Island Eyes, help screen page.
`
`High5 Exhibit 1012, Page 20 of 44
`
`

`
`(prornise
`- h I
`._§ll|h)€1‘ Stacks’, e_<Fe(1Iure
`I
`_'
`_
`
`It
`
`I
`
`J, 1:70
`41
`A 1?’
`-I I--I Illllltllllll IlII¢ III: VIIIIII HIIIIIHI
`
`‘I...
`
`IIIIIII-I
`
`'1:
`
`ITlIII'
`
`III
`
`\ C
`
`‘
`
`-
`
`III M:
`
`1
`
`uncI
`
`‘F |I|Il|
`
`Figure 3. Royal Promise, help screen page.
`
`SM.D_QWPA ;1;1ER
`
`I
`a.‘f(.'-
`I. s
`,
`THE IIEELS CONTAIN STACKS OF SYMBOLS TIIAT TRANSFORM
`
`91.4:
`
`INTO ONE OF THE FOLLOWING SYMBOLS AT THE START OF EACH GAME:
`
`€19
`
`es
`
`K 0.
`
`ALL STACKED SYMBOL POSITIONS ON A REEL TRANSFOIII INTO TIIE SAIE SYMBOL
`
`Figure 4. Shadow of the Panther, help screen.
`
`High5 Exhibit 1012, Page 21 of 44
`
`

`
`All four game help screens share a common description of Super Stacks feature:
`
`“The reels contain stacks of symbols that transform into one of the following
`symbols at the start of each game:" and "All stacked symbol positions on a reel
`transform into the same symbol."
`
`This description indicates that each reel contains stacks of symbol positions that are
`initially populated with a first symbol. At the start of each game, each symbol within
`the stack is transformed into an identical symbol selected from a subset of all
`symbols used in the game.
`
`The number of symbol positions contained in a stack is undefined by game rules, but
`it can clearly be more than one symbol position as indicated by the sentence "All
`stacked symbol positions on a reel transform into the same symbol."
`
`This attribute is further confirmed by the May 2, 2014 blog post entitl