Case 2:15-cv-00473 Document 1 Filed 03/16/15 Page 1 of 15
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`
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`JEFF SILVESTRI, ESQ.
`Nevada Bar No. 5779
`McDONALD CARANO WILSON LLP
`2300 W. Sahara Avenue, Suite 1200
`Las Vegas, NV 89102
`Telephone: 702.873.4100
`Facsimile: 702.873.9966
`E-mail: jsilvestri@mcdonaldcarano.com
`
`ADAM K. MORTARA, ESQ. (pro hac vice to be submitted)
`BRIAN C. SWANSON, ESQ. (pro hac vice to be submitted)
`BARTLIT BECK HERMAN
` PALENCHAR & SCOTT LLP
`54 West Hubbard Street, Suite 300
`Chicago, IL 60654
`Telephone: 312.494.4400
`E-mail: adam.mortara@bartlit-beck.com
` brian.swanson@bartlit-beck.com
`
`
`DANIEL C. TAYLOR, ESQ. (pro hac vice to be submitted)
`BARTLIT BECK HERMAN
` PALENCHAR & SCOTT LLP
`1899 Wynkoop Street, 8th Floor
`Denver, CO 80202
`Telephone: 303.592.3100
`E-mail: daniel.taylor@bartlit-beck.com
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`Attorneys for Plaintiff IGT
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`IN THE UNITED STATES DISTRICT COURT
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`FOR THE DISTRICT OF NEVADA
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`
`
`IGT,
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`CASE NO.
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`COMPLAINT FOR PATENT
`INFRINGEMENT
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`Jury Trial Demanded
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`
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`
`
`Plaintiff,
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`Defendant.
`
`
`v.
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`ARISTOCRAT TECHNOLOGIES, INC.,
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`
`
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`Plaintiff IGT brings this complaint for patent infringement and declaratory judgment against
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`Defendant Aristocrat Technologies, Inc. (“Aristocrat”) and alleges as follows:
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`NATURE OF THE ACTION
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`1.
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`This is an action for patent infringement arising under the patent laws of the United
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`States, including 35 U.S.C. § 271 and §§ 281-285.
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`McDONALD • CARANO • WILSON LLP
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`2300 WEST SAHARA AVENUE• SUITE 1200 • LAS VEGAS, NEVADA
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` PHONE (702)873-4100 • FAX (702) 873-9966
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`IGT EX. 2103 - 1/15
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`

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`Case 2:15-cv-00473 Document 1 Filed 03/16/15 Page 2 of 15
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`2.
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`This lawsuit pertains to Aristocrat’s infringement of U.S. Patent Nos. 7,131,908;
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`7,513,827; 6,394,902; 7,384,334; 8,753,189; D503,951; 6,375,570; 6,702,675; 7,303,469; and
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`6,932,701.
`3.
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`IGT also seeks a declaratory judgment pursuant to 28 U.S.C. § 2201 that the doctrine
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`of assignor estoppel bars Aristocrat from challenging the validity of U.S. Patent Nos. 6,375,570;
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`6,702,675; 7,303,469; and 6,932,701.
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`PARTIES
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`4.
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`Plaintiff IGT is a corporation organized and existing under the laws of the State of
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`Nevada, with a principal place of business located at 6355 South Buffalo Drive, Las Vegas, Nevada
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`89113. IGT is a world leader in gaming entertainment and a leading supplier of casino and lottery
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`gaming machines commonly known as slot machines.
`5.
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`Defendant Aristocrat Technologies, Inc. is a corporation organized and existing under
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`the laws of the State of Nevada, with a principal place of business located at 7230 Amigo Street, Las
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`Vegas, Nevada 89119. Aristocrat sells, leases, and/or operates gaming machines in the casino and
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`lottery markets. Aristocrat is a subsidiary of Aristocrat Leisure Limited, an Australian corporation.
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`JURISDICTION AND VENUE
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`6.
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`This action arises under the Patent Laws of the United States, 35 U.S.C. § 101 et seq.,
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`including 35 U.S.C. § 271. This Court has subject matter jurisdiction over this matter pursuant to 28
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`U.S.C. §§ 1331, 1338(a).
`7.
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`This Court has personal jurisdiction over Aristocrat. Aristocrat is incorporated in
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`Nevada and maintains substantial, continuous and systematic contacts in Nevada. Aristocrat has
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`thus purposefully availed itself of the benefits and protections of Nevada’s laws such that it should
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`reasonably anticipate being haled into court here. Aristocrat regularly transacts business within
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`Nevada including the sale, lease, and/or operation of gaming machines in Nevada.
`8.
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`Venue is proper in the District of Nevada pursuant to 28 U.S.C. §§ 1391, 1400(b).
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`2300 WEST SAHARA AVENUE• SUITE 1200 • LAS VEGAS, NEVADA
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`IGT EX. 2103 - 2/15
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`Case 2:15-cv-00473 Document 1 Filed 03/16/15 Page 3 of 15
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`FACTUAL BACKGROUND
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`The Patents at Issue
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`9.
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`Plaintiff IGT is the owner, by assignment, of all rights, title and interest in U.S. Patent
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`No. 7,131,908 (“the ’908 Patent”). The ’908 Patent issued on November 7, 2006. A true and correct
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`copy of that patent is attached as Exhibit A.
`10.
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`Plaintiff IGT is the owner, by assignment, of all rights, title and interest in U.S. Patent
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`No. 7,513,827 (“the ’827 Patent”). The ’827 Patent issued on April 7, 2009. A true and correct
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`copy of that patent is attached as Exhibit B.
`11.
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`Plaintiff IGT is the owner, by assignment, of all rights, title and interest in U.S. Patent
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`No. 6,394,902 (“the ’902 Patent”). The ’902 Patent issued on May 28, 2002. A true and correct
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`copy of that patent is attached as Exhibit C.
`12.
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`Plaintiff IGT is the owner, by assignment, of all rights, title and interest in U.S. Patent
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`No. 7,384,334 (“the ’334 Patent”). The ’334 Patent issued on June 10, 2008. A true and correct
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`copy of that patent is attached as Exhibit D.
`13.
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`Plaintiff IGT is the owner, by assignment, of all rights, title and interest in U.S. Patent
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`No. 8,753,189 (“the ’189 Patent”). The ’189 Patent issued on June 17, 2014. A true and correct
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`copy of that patent is attached as Exhibit E.
`14.
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`Plaintiff IGT is the owner, by assignment, of all rights, title and interest in U.S. Patent
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`No. D503,951 (“the ’951 Patent”). The ’951 Patent issued on April 12, 2005. A true and correct
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`copy of that patent is attached as Exhibit F.
`15.
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`Plaintiff IGT is the owner, by assignment, of all rights, title and interest in U.S. Patent
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`No. 6,375,570 (“the ’570 Patent”). The ’570 Patent issued on April 23, 2002. A true and correct
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`copy of that patent is attached as Exhibit G.
`16.
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`Plaintiff IGT is the owner, by assignment, of all rights, title and interest in U.S. Patent
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`No. 6,702,675 (“the ’675 Patent”). The ’675 Patent issued on March 9, 2004. A true and correct
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`copy of that patent is attached as Exhibit H.
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`McDONALD • CARANO • WILSON LLP
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`2300 WEST SAHARA AVENUE• SUITE 1200 • LAS VEGAS, NEVADA
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` PHONE (702)873-4100 • FAX (702) 873-9966
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`IGT EX. 2103 - 3/15
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`Case 2:15-cv-00473 Document 1 Filed 03/16/15 Page 4 of 15
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`17.
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`Plaintiff IGT is the owner, by assignment, of all rights, title and interest in U.S. Patent
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`No. 7,303,469 (“the ’469 Patent”). The ’469 Patent issued on December 4, 2007. A true and correct
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`copy of that patent is attached as Exhibit I.
`18.
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`Plaintiff IGT is the owner, by assignment, of all rights, title and interest in U.S. Patent
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`No. 6,932,701 (“the ’701 Patent”). The ’701 Patent issued on August 23, 2005. A true and correct
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`copy of that patent is attached as Exhibit J.
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`Joe Kaminkow and IGT
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`19.
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`Joe Kaminkow is a named inventor on the ’570 Patent, the ’675 Patent, the ’469
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`Patent, and the ’701 Patent. Kaminkow is a designer of slot machines.
`20.
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`Kaminkow worked at IGT from 1999 to 2012. As IGT’s Vice President of Game
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`Design, Kaminkow led the development of several successful slot machines for IGT including SEX
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`AND THE CITY, STAR WARS, and GHOSTBUSTERS.
`21.
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`In the course of performing his duties at IGT, Kaminkow obtained patents on several
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`important innovations in the field of electronic gaming machines. Among these patents are the ’570
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`Patent, the ’675 Patent, the ’469 Patent, and the ’701 Patent. Kaminkow assigned all rights, title,
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`and interest in these patents to IGT in exchange for valuable consideration, including salary,
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`bonuses, and other employment benefits.
`22.
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`Kaminkow resigned from IGT in January 2012.
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`Joe Kaminkow and Aristocrat
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`23.
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`Upon information and belief, Aristocrat called Kaminkow the same night he resigned
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`from IGT to discuss the possibility of employing him. Upon information and belief, Kaminkow had
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`lunch with Aristocrat CEO Jamie Odell the next week. See Howard Stutz, Nevadan at Work:
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`Veteran Game Designer is Always Creating, Las Vegas Review-Journal (Nov. 2, 2013), available at
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`http://www.reviewjournal.com/business/casinos-gaming/nevadan-work-veteran-game-designer-
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`always-creating.
`24.
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`Kaminkow joined Aristocrat in early 2013 immediately after the one-year non-
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`compete clause in his employment agreement with IGT expired. Kaminkow currently serves as
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`Aristocrat’s Senior Vice President of Game Development. See News Release, Legendary Game
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`2300 WEST SAHARA AVENUE• SUITE 1200 • LAS VEGAS, NEVADA
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` PHONE (702)873-4100 • FAX (702) 873-9966
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`IGT EX. 2103 - 4/15
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`Case 2:15-cv-00473 Document 1 Filed 03/16/15 Page 5 of 15
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`Developer Joins Aristocrat, Market Wired (Feb. 26, 2013), available at
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`http://www.marketwired.com/press-release/legendary-game-developer-joins-aristocrat-asx-all-
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`1761483.htm.
`25.
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`Upon information and belief, Kaminkow has been heavily involved in the
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`development and design of slot machines Aristocrat has released since Kaminkow joined the
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`company in 2013. The first sentence of a March 2014 article in the publication Casino Enterprise
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`Management confirms the centrality of Kaminkow’s role: “Walk into Aristocrat Technologies’ game
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`development lair, and it’s clear this is Joe Kaminkow’s territory.” Marian Green, Joe Kaminkow
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`Cultivates Slot Game Creativity, Casino Enterprise Management (Mar. 3, 2014), available at
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`http://www.casinoenterprisemanagement.com/articles/march-2014/joe-kaminkow-cultivates-slot-
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`game-creativity.
`26.
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`Upon information and belief, Aristocrat debuted several of the slot machines
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`Kaminkow designed at the Global Gaming Expo (popularly known as G2E) in Las Vegas in
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`September 2013. One such slot machine is the BATMAN CLASSIC TV SERIES game. Aristocrat
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`CEO Jamie Odell told Global Gaming Business Magazine that the BATMAN game is “Joe’s great
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`product” and that “Aristocrat wouldn’t normally have made that sort of game” without Kaminkow.
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`Q&A with Jamie Odell, Global Gaming Business Magazine (Sept. 25, 2014), available at
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`http://ggbmagazine.com/issue/vol-13-no-10-october-2014/article/q-a-with-jamie-odell. Aristocrat’s
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`Vice President of Marketing told the video publication This Week in Gaming that Kaminkow
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`designed the BATMAN game. Batman 1966 Slot Machine from Aristocrat Technologies, This
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`Week in Gambling (Aug. 13, 2014), available at https://www.youtube.com/watch?v=4iL0UOSp15A
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`Aristocrat’s Vice President of Gaming Operations described the BATMAN game as “a coming-out
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`party for Joe Kaminkow.” Frank Legato, Aristocrat Technologies: Aiming High, Global Gaming
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`Business Magazine (Aug. 27, 2013), available at http://ggbmagazine.com/issue/vol-12-no-9-
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`september-2013/article/aristocrat-technologies-aiming-high. In a promotional video Aristocrat’s
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`Vice President of Gaming Operations called the BATMAN game “the beginning of a new era” for
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`Aristocrat and said it was “very special” having Kaminkow “bring his skills to Aristocrat, and in
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`particular to [the BATMAN game].” Video, Behind-the-Scenes Look at Batman Classic TV Series
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`2300 WEST SAHARA AVENUE• SUITE 1200 • LAS VEGAS, NEVADA
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`IGT EX. 2103 - 5/15
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`Case 2:15-cv-00473 Document 1 Filed 03/16/15 Page 6 of 15
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`Slot Machine (Apr. 9, 2014), available at http://www.vegasnews.com/113305/ aristocrat-releases-
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`batman-classic-tv-series-slot-machine-and-behind-the-scenes-video.html. In the same video
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`Kaminkow himself discusses the bonus wheels on the BATMAN game and refers to himself as “the
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`king of wheels” having “made more wheel games probably than anybody.” Id.
`27.
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`Upon information and belief, Kaminkow owns a vintage Batmobile like the one used
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`in the 1960’s television series on which the BATMAN slot machine is based. Aristocrat displayed
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`Kaminkow’s Batmobile alongside the BATMAN game at G2E 2013. Howard Stutz, Nevadan at
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`Work: Veteran Game Designer is Always Creating, Las Vegas Review-Journal (Nov. 2, 2013),
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`available at http://www.reviewjournal.com/business/casinos-gaming/nevadan-work-veteran-game-
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`designer-always-creating; Video, Frank Fantini Signs Off from G2E 2013 in Joe Kaminkow’s
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`Batmobile (Sept. 26, 2013), available at https://www.youtube.com/watch?v=-3I1KuWFC1M.
`28.
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`Aristocrat has released several other slot machines in addition to the BATMAN
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`CLASSIC TV SERIES game since Kaminkow joined the company. These slot machines include
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`SUPERMAN THE MOVIE, TARZAN OF THE APES, THE ROLLING STONES, THE
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`WALKING DEAD, and FLASHDANCE. Upon information and belief, Kaminkow has had
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`significant involvement in the design and development of these games. See Howard Stutz, Nevadan
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`at Work: Veteran Game Designer is Always Creating, Las Vegas Review-Journal (Nov. 2, 2013),
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`available at http://www.reviewjournal.com/business/casinos-gaming/nevadan-work-veteran-game-
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`designer-always-creating (“Aristocrat unveiled five games designed by [Kaminkow’s] team—
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`“Flashdance,” “Tarzan,” “The Rolling Stones,” “Superman,” and “Batman.”); Frank Legato,
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`Aristocrat Technologies: Aiming High, Global Gaming Business Magazine (Aug. 27, 2013),
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`available at http://ggbmagazine.com/issue/vol-12-no-9-september-2013/article/aristocrat-
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`technologies-aiming-high (quoting Aristocrat’s Vice President of Gaming Operations as saying that
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`Aristocrat “already had [‘Flashdance’] in development before we brought Joe Kaminkow in . . . but
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`after he was done with it, it was a night-and-day change”).
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`2300 WEST SAHARA AVENUE• SUITE 1200 • LAS VEGAS, NEVADA
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`IGT EX. 2103 - 6/15
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`Case 2:15-cv-00473 Document 1 Filed 03/16/15 Page 7 of 15
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`COUNT I
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`(INFRINGEMENT OF U.S. PATENT NO. 7,131,908)
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`29.
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`IGT repeats and realleges each of the assertions set forth in Paragraphs 1 through 28
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`above.
`30.
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`Upon information and belief, Aristocrat’s manufacture, use, offer to sell, and sale of
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`at least the following gaming machines infringes at least one claim of the ’908 Patent: BATMAN
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`CLASSIC TV SERIES, THE WALKING DEAD, THE ROLLING STONES, TARZAN OF THE
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`APES, SUPERMAN THE MOVIE, and FLASHDANCE.
`31.
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`IGT is entitled to recover from Aristocrat the damages sustained by IGT as a result of
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`Aristocrat’s wrongful acts in an amount subject to proof at trial, including lost profits and an amount
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`not less than a reasonable royalty, together with interest and costs as fixed by this Court under 35
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`U.S.C. § 284.
`32.
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`The infringement by Aristocrat of the ’908 Patent will continue to cause IGT
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`irreparable injury and damage for which there is no adequate remedy at law unless and until
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`Aristocrat is enjoined from infringing said patent.
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`COUNT II
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`(INFRINGEMENT OF U.S. PATENT NO. 7,513,827)
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`33.
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`IGT repeats and realleges each of the assertions set forth in Paragraphs 1 through 28
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`above.
`34.
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`Upon information and belief, Aristocrat’s manufacture, use, offer to sell, and sale of
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`at least the following gaming machines infringes at least one claim of the ’827 Patent: BATMAN
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`CLASSIC TV SERIES, THE WALKING DEAD, SUPERMAN THE MOVIE, and FLASHDANCE.
`35.
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`IGT is entitled to recover from Aristocrat the damages sustained by IGT as a result of
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`Aristocrat’s wrongful acts in an amount subject to proof at trial, including lost profits and an amount
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`not less than a reasonable royalty, together with interest and costs as fixed by this Court under 35
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`U.S.C. § 284.
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`2300 WEST SAHARA AVENUE• SUITE 1200 • LAS VEGAS, NEVADA
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`IGT EX. 2103 - 7/15
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`Case 2:15-cv-00473 Document 1 Filed 03/16/15 Page 8 of 15
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`36.
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`The infringement by Aristocrat of the ’827 Patent will continue to cause IGT
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`irreparable injury and damage for which there is no adequate remedy at law unless and until
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`Aristocrat is enjoined from infringing said patent.
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`COUNT III
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`(INFRINGEMENT OF U.S. PATENT NO. 6,394,902)
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`37.
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`IGT repeats and realleges each of the assertions set forth in Paragraphs 1 through 28
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`above.
`38.
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`Upon information and belief, Aristocrat’s manufacture, use, offer to sell, and sale of
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`at least the following gaming machines infringes at least one claim of the ’902 Patent: BATMAN
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`CLASSIC TV SERIES.
`39.
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`IGT is entitled to recover from Aristocrat the damages sustained by IGT as a result of
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`Aristocrat’s wrongful acts in an amount subject to proof at trial, including lost profits and an amount
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`not less than a reasonable royalty, together with interest and costs as fixed by this Court under 35
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`U.S.C. § 284.
`40.
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`The infringement by Aristocrat of the ’902 Patent will continue to cause IGT
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`irreparable injury and damage for which there is no adequate remedy at law unless and until
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`Aristocrat is enjoined from infringing said patent.
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`COUNT IV
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`(INFRINGEMENT OF U.S. PATENT NO. 7,384,334)
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`41.
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`IGT repeats and realleges each of the assertions set forth in Paragraphs 1 through 28
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`above.
`42.
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`Upon information and belief, Aristocrat’s manufacture, use, offer to sell, and sale of
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`at least the following gaming machines infringes at least one claim of the ’334 Patent: BATMAN
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`CLASSIC TV SERIES and TARZAN OF THE APES.
`43.
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`IGT is entitled to recover from Aristocrat the damages sustained by IGT as a result of
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`Aristocrat’s wrongful acts in an amount subject to proof at trial, including lost profits and an amount
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`not less than a reasonable royalty, together with interest and costs as fixed by this Court under 35
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`U.S.C. § 284.
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`2300 WEST SAHARA AVENUE• SUITE 1200 • LAS VEGAS, NEVADA
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` PHONE (702)873-4100 • FAX (702) 873-9966
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`IGT EX. 2103 - 8/15
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`Case 2:15-cv-00473 Document 1 Filed 03/16/15 Page 9 of 15
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`44.
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`The infringement by Aristocrat of the ’334 Patent will continue to cause IGT
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`irreparable injury and damage for which there is no adequate remedy at law unless and until
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`Aristocrat is enjoined from infringing said patent.
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`COUNT V
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`(INFRINGEMENT OF U.S. PATENT NO. 8,753,189)
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`45.
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`IGT repeats and realleges each of the assertions set forth in Paragraphs 1 through 28
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`above.
`46.
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`Upon information and belief, Aristocrat’s manufacture, use, offer to sell, and sale of
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`at least the following gaming machines infringes at least one claim of the ’189 Patent: BATMAN
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`CLASSIC TV SERIES, SUPERMAN THE MOVIE, and TARZAN OF THE APES.
`47.
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`IGT is entitled to recover from Aristocrat the damages sustained by IGT as a result of
`
`Aristocrat’s wrongful acts in an amount subject to proof at trial, including lost profits and an amount
`
`not less than a reasonable royalty, together with interest and costs as fixed by this Court under 35
`
`U.S.C. § 284.
`48.
`
`The infringement by Aristocrat of the ’189 Patent will continue to cause IGT
`
`irreparable injury and damage for which there is no adequate remedy at law unless and until
`
`Aristocrat is enjoined from infringing said patent.
`
`COUNT VI
`
`(INFRINGEMENT OF U.S. PATENT NO. D503,951)
`
`49.
`
`IGT repeats and realleges each of the assertions set forth in Paragraphs 1 through 28
`
`above.
`50.
`
`Upon information and belief, Aristocrat’s manufacture, use, offer to sell, and sale of
`
`at least the following gaming machines infringes at least one claim of the ’951 Patent: BATMAN
`
`CLASSIC TV SERIES and SUPERMAN THE MOVIE.
`51.
`Aristocrat’s wrongful acts in an amount subject to proof at trial, including Aristocrat’s profits,
`
`IGT is entitled to recover from Aristocrat the damages sustained by IGT as a result of
`
`together with interest and costs as fixed by this Court under 35 U.S.C. § 289.
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`McDONALD • CARANO • WILSON LLP
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`
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`2300 WEST SAHARA AVENUE• SUITE 1200 • LAS VEGAS, NEVADA
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` PHONE (702)873-4100 • FAX (702) 873-9966
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`
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`IGT EX. 2103 - 9/15
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`

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`Case 2:15-cv-00473 Document 1 Filed 03/16/15 Page 10 of 15
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`52.
`
`The infringement by Aristocrat of the ’951 Patent will continue to cause IGT
`
`irreparable injury and damage for which there is no adequate remedy at law unless and until
`
`Aristocrat is enjoined from infringing said patent.
`
`COUNT VII
`
`(INFRINGEMENT OF U.S. PATENT NO. 6,375,570)
`
`53.
`
`IGT repeats and realleges each of the assertions set forth in Paragraphs 1 through 28
`
`above.
`54.
`
`Upon information and belief, Aristocrat’s manufacture, use, offer to sell, and sale of
`
`at least the following gaming machines infringes at least one claim of the ’570 Patent: BATMAN
`
`CLASSIC TV SERIES and THE ROLLING STONES.
`55.
`
`IGT is entitled to recover from Aristocrat the damages sustained by IGT as a result of
`
`Aristocrat’s wrongful acts in an amount subject to proof at trial, including lost profits and an amount
`
`not less than a reasonable royalty, together with interest and costs as fixed by this Court under 35
`
`U.S.C. § 284.
`56.
`
`The infringement by Aristocrat of the ’570 Patent will continue to cause IGT
`
`irreparable injury and damage for which there is no adequate remedy at law unless and until
`
`Aristocrat is enjoined from infringing said patent.
`
`COUNT VIII
`
`(DECLARATORY JUDGMENT OF ASSIGNOR ESTOPPEL ON THE ’570 PATENT)
`57.
`
`IGT repeats and realleges each of the assertions set forth in Paragraphs 1 through 28
`
`above.
`
`58.
`
`Joe Kaminkow is a named inventor on the ’570 Patent. His name was added to the
`
`list of inventors by a Certificate of Correction issued on July 8, 2003. Kaminkow assigned all of his
`
`rights, title, and interest in the ’570 Patent to IGT in exchange for valuable consideration.
`59.
`
`Having received valuable consideration for his assignment of the ’570 Patent,
`
`Kaminkow is estopped from challenging the patent’s validity.
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`McDONALD • CARANO • WILSON LLP
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`2300 WEST SAHARA AVENUE• SUITE 1200 • LAS VEGAS, NEVADA
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` PHONE (702)873-4100 • FAX (702) 873-9966
`
`
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`IGT EX. 2103 - 10/15
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`

`
`Case 2:15-cv-00473 Document 1 Filed 03/16/15 Page 11 of 15
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`60.
`
`Aristocrat is also estopped from challenging the validity of the ’570 Patent because
`
`the company is in privity with Kaminkow. Upon information and belief, Kaminkow had extensive
`
`involvement in the design and development of games that infringe the ’570 Patent.
`61.
`
`IGT will suffer immediate and real harm if Aristocrat is permitted to challenge the
`
`validity of the ’570 Patent. This action therefore represents a live case or controversy and warrants
`
`issuance of a declaration of the parties’ rights.
`
`COUNT IX
`
`(INFRINGEMENT OF U.S. PATENT NO. 6,702,675)
`
`62.
`
`IGT repeats and realleges each of the assertions set forth in Paragraphs 1 through 28
`
`above.
`63.
`
`Upon information and belief, Aristocrat’s manufacture, use, offer to sell, and sale of
`
`at least the following gaming machines infringes at least one claim of the ’675 Patent: BATMAN
`
`CLASSIC TV SERIES, SUPERMAN THE MOVIE, THE WALKING DEAD, THE ROLLING
`
`STONES, TARZAN OF THE APES, and FLASHDANCE.
`64.
`
`IGT is entitled to recover from Aristocrat the damages sustained by IGT as a result of
`
`Aristocrat’s wrongful acts in an amount subject to proof at trial, including lost profits and an amount
`
`not less than a reasonable royalty, together with interest and costs as fixed by this Court under 35
`
`U.S.C. § 284.
`65.
`
`The infringement by Aristocrat of the ’675 Patent will continue to cause IGT
`
`irreparable injury and damage for which there is no adequate remedy at law unless and until
`
`Aristocrat is enjoined from infringing said patent.
`
`COUNT X
`
`(DECLARATORY JUDGMENT OF ASSIGNOR ESTOPPEL ON THE ’675 PATENT)
`66.
`
`IGT repeats and realleges each of the assertions set forth in Paragraphs 1 through 28
`
`above.
`
`67.
`
`Joe Kaminkow is a named inventor on the ’675 Patent. Kaminkow assigned all of his
`
`rights, title, and interest in the ’675 Patent to IGT in exchange for valuable consideration.
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`McDONALD • CARANO • WILSON LLP
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`2300 WEST SAHARA AVENUE• SUITE 1200 • LAS VEGAS, NEVADA
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` PHONE (702)873-4100 • FAX (702) 873-9966
`
`
`
`IGT EX. 2103 - 11/15
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`

`
`Case 2:15-cv-00473 Document 1 Filed 03/16/15 Page 12 of 15
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`
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`68.
`
`Having received valuable consideration for his assignment of the ’675 Patent,
`
`Kaminkow is estopped from challenging the patent’s validity.
`69.
`
`Aristocrat is also estopped from challenging the validity of the ’675 Patent because
`
`the company is in privity with Kaminkow. Upon information and belief, Kaminkow had extensive
`
`involvement in the design and development of games that infringe the ’675 Patent.
`70.
`
`IGT will suffer immediate and real harm if Aristocrat is permitted to challenge the
`
`validity of the ’675 Patent. This action therefore represents a live case or controversy and warrants
`
`issuance of a declaration of the parties’ rights.
`
`COUNT XI
`
`(INFRINGEMENT OF U.S. PATENT NO. 7,303,469)
`
`71.
`
`IGT repeats and realleges each of the assertions set forth in Paragraphs 1 through 28
`
`above.
`72.
`
`Upon information and belief, Aristocrat’s manufacture, use, offer to sell, and sale of
`
`at least the following gaming machines infringes at least one claim of the ’469 Patent: SUPERMAN
`
`THE MOVIE and TARZAN OF THE APES.
`73.
`
`IGT is entitled to recover from Aristocrat the damages sustained by IGT as a result of
`
`Aristocrat’s wrongful acts in an amount subject to proof at trial, including lost profits and an amount
`
`not less than a reasonable royalty, together with interest and costs as fixed by this Court under 35
`
`U.S.C. § 284.
`74.
`
`The infringement by Aristocrat of the ’469 Patent will continue to cause IGT
`
`irreparable injury and damage for which there is no adequate remedy at law unless and until
`
`Aristocrat is enjoined from infringing said patent.
`
`COUNT XII
`
`(DECLARATORY JUDGMENT OF ASSIGNOR ESTOPPEL ON THE ’469 PATENT)
`75.
`
`IGT repeats and realleges each of the assertions set forth in Paragraphs 1 through 28
`
`above.
`
`76.
`
`Joe Kaminkow is the named inventor on the ’469 Patent. Kaminkow assigned all of
`
`his rights, title, and interest in the ’469 Patent to IGT in exchange for valuable consideration.
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`McDONALD • CARANO • WILSON LLP
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`2300 WEST SAHARA AVENUE• SUITE 1200 • LAS VEGAS, NEVADA
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` PHONE (702)873-4100 • FAX (702) 873-9966
`
`
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`IGT EX. 2103 - 12/15
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`

`
`Case 2:15-cv-00473 Document 1 Filed 03/16/15 Page 13 of 15
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`77.
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`Having received valuable consideration for his assignment of the ’469 Patent,
`
`Kaminkow is estopped from challenging the patent’s validity.
`78.
`
`Aristocrat is also estopped from challenging the validity of the ’469 Patent because
`
`the company is in privity with Kaminkow. Upon information and belief, Kaminkow had extensive
`
`involvement in the design and development of games that infringe the ’469 Patent.
`79.
`
`IGT will suffer immediate and real harm if Aristocrat is permitted to challenge the
`
`validity of the ’469 Patent. This action therefore represents a live case or controversy and warrants
`
`issuance of a declaration of the parties’ rights.
`
`COUNT XIII
`
`(INFRINGEMENT OF U.S. PATENT NO. 6,932,701)
`
`80.
`
`IGT repeats and realleges each of the assertions set forth in Paragraphs 1 through 28
`
`above.
`81.
`
`Upon information and belief, Aristocrat’s manufacture, use, offer to sell, and sale of
`
`at least the following gaming machines infringes at least one claim of the ’701 Patent: BATMAN
`
`CLASSIC TV SERIES and SUPERMAN THE MOVIE.
`82.
`
`IGT is entitled to recover from Aristocrat the damages sustained by IGT as a result of
`
`Aristocrat’s wrongful acts in an amount subject to proof at trial, including lost profits and an amount
`
`not less than a reasonable royalty, together with interest and costs as fixed by this Court under 35
`
`U.S.C. § 284.
`83.
`
`The infringement by Aristocrat of the ’701 Patent will continue to cause IGT
`
`irreparable injury and damage for which there is no adequate remedy at law unless and until
`
`Aristocrat is enjoined from infringing said patent.
`
`COUNT XIV
`
`(DECLARATORY JUDGMENT OF ASSIGNOR ESTOPPEL ON THE ’701 PATENT)
`84.
`
`IGT repeats and realleges each of the assertions set forth in Paragraphs 1 through 28
`
`above.
`
`85.
`
`Joe Kaminkow is a named inventor on the ’701 Patent. Kaminkow assigned all of his
`
`rights, title, and interest in the ’701 Patent to IGT in exchange for valuable consideration.
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`2300 WEST SAHARA AVENUE• SUITE 1200 • LAS VEGAS, NEVADA
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` PHONE (702)873-4100 • FAX (702) 873-9966
`
`
`
`IGT EX. 2103 - 13/15
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`

`
`Case 2:15-cv-00473 Document 1 Filed 03/16/15 Page 14 of 15
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`
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`86.
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`Having received valuable consideration for his assignment of the ’701 Patent,
`
`Kaminkow is estopped from challenging the patent’s validity.
`87.
`
`Aristocrat is also estopped from challenging the validity of the ’701 Patent because
`
`the company is in privity with Kaminkow. Upon information and belief, Kaminkow had extensive
`
`involvement in the design and development of games that infringe the ’701 Patent.
`88.
`
`IGT will suffer immediate and real harm if Aristocrat is permitted to challenge the
`
`validity of the ’701 Patent. This action therefore represents a live case or controversy and warrants
`
`issuance of a declaration of the parties’ rights.
`
`REQUESTED RELIEF
`
`WHEREFORE, IGT respectfully requests the following relief:
`A.
`
`The entry of judgment that Aristocrat has infringed one or more claims of the ’908,
`
`’827, ’902, ’334, ’189, ’951, ’570, ’675, ’469, and/or ’701 Patents literally and/or under the doctrine
`
`of equivalents;
`B.
`
`The entry of a permanent injunction, pursuant to 35 U.S.C. § 283, enjoining
`
`Aristocrat and its agents, servants, officers, directors, employees, affiliated entities, and all persons
`
`in active concert or participation with them from continued infringement of the ’908, ’827, ’902,
`
`’334, ’189, ’951, ’570, ’675, ’469, and/or ’701 Patents;
`C.
`
`A declaration that the doctrine of assignor estoppel bars Aristocrat from challenging
`
`the validity of the ’570 Patent, the ’675 Patent, the ’469 Patent, and/or the ’701 Patent;
`D.
`
`An award to IGT of damages adequate to compensate IGT for Aristocrat’s acts of
`
`infringement of the ’908, ’827, ’902, ’334, ’189, ’951, ’570, ’675, ’469, and/or ’701 Patents;
`E.
`
`An award to IGT equal to any profits that Aristocrat gained from its infringement of
`
`the ’908, ’827, ’902, ’334, ’189, ’951, ’570, ’675, ’469, and/or ’701 Patents;
`F.
`G.
`
`An award of prejudgment and post-judgment interest on all sums awarded;
`
`A post-verdict and post-judgment account for any infringement of the ’908, ’827,
`
`’902, ’334, ’189, ’951, ’570, ’675, ’469, and/or ’701 Patents not otherwise covered by a damages
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`award and the requested injunctive relief; and
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`2300 WEST SAHARA AVENUE• SUITE 1200 • LAS VEGAS, NEVADA
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` PHONE (702)873-4100 • FAX (702) 873-9966
`
`
`
`IGT EX. 2103 - 14/15
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`

`
`Case 2:15-cv-00473 Document 1 Filed 03/16/15 Page 15 of 15
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`H.
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`Any such other and further relief as the Court may deem just and proper under the
`
`circumstances.
`
`DEMAND FOR JURY TRIAL
`
`Pursuant to Rule 38(b) of the Federal Rules of Civil Procedure, IGT respectfully requests a
`
`trial by jury of any and all issues on which a trial by jury is available under applicable law.
`
`
`
`RESPECTFULLY SUBMITTED this 16th day of March, 2015.
`
`McDONALD CARANO WILSON LLP
`
`
`
`By: /s/ Jeff Silvest