IRONBURG INVENTIONS LTD.
`
`
`Plaintiff,
`
`
`v.
`
`COLLECTIVE MINDS GAMING
`CO. LTD.
`
`
`
`
`
`
`
`
`Civil Action No. 1:16-cv-04110-TWT
`
`IN THE UNITED STATES DISTRICT COURT
`FOR THE NORTHERN DISTRICT OF GEORGIA
`ATLANTA DIVISION
`
`
`Defendant.
`
`
`
`DEFENDANT COLLECTIVE MINDS GAMING CO. LTD.’S
`RESPONSE TO INFRINGEMENT CONTENTIONS AND
`INITIAL INVALIDITY CONTENTIONS
`
`
` Pursuant to Local Patent Rules 4.2 and 4.3, Defendant Collective Minds
`
`Gaming Co. Ltd. (“Collective Minds”) herein provides
`
`its Response
`
`to
`
`Infringement Contentions and Preliminary Invalidity Contentions to Plaintiff
`
`Ironburg Inventions Ltd. (“Ironburg”). Discovery is ongoing and Collective Minds’
`
`investigation in connection with this action is continuing. Thus, Collective Minds’
`
`disclosures are based upon information obtained to date. To the extent that
`
`Collective Minds obtains additional information, Collective Minds reserves the
`
`right to supplement and/or amend these Invalidity Contentions.
`
`
`
`IRONBURG EX2017, Page 1
`
`
`
`
`Plaintiff,
`
`
`v.
`
`COLLECTIVE MINDS GAMING
`CO. LTD.
`
`
`
`
`
`
`
`
`Civil Action No. 1:16-cv-04110-TWT
`
`IN THE UNITED STATES DISTRICT COURT
`FOR THE NORTHERN DISTRICT OF GEORGIA
`ATLANTA DIVISION
`
`
`Defendant.
`
`
`
`DEFENDANT COLLECTIVE MINDS GAMING CO. LTD.’S
`RESPONSE TO INFRINGEMENT CONTENTIONS AND
`INITIAL INVALIDITY CONTENTIONS
`
`
` Pursuant to Local Patent Rules 4.2 and 4.3, Defendant Collective Minds
`
`Gaming Co. Ltd. (“Collective Minds”) herein provides
`
`its Response
`
`to
`
`Infringement Contentions and Preliminary Invalidity Contentions to Plaintiff
`
`Ironburg Inventions Ltd. (“Ironburg”). Discovery is ongoing and Collective Minds’
`
`investigation in connection with this action is continuing. Thus, Collective Minds’
`
`disclosures are based upon information obtained to date. To the extent that
`
`Collective Minds obtains additional information, Collective Minds reserves the
`
`right to supplement and/or amend these Invalidity Contentions.
`
`
`
`IRONBURG EX2017, Page 1
`
`
`
`
`
`A. The ‘525 Patent
`
`Collective Minds identifies the following prior art references that anticipate
`
`or render obvious all asserted claims of the ‘525 patent.
`
`Prior Art
`U.S. Patent Publication No. 2010/0073283 filed by Robert Enright; published on
`March 25, 2010 (“Enright”).
`U.S. Patent Publication No. 2010/0298053 filed by David Kotkin; published on
`November 25, 2010 (“Kotkin”).
`Japanese Patent JPH1020951 issued to Koji; published in 1998 (“Koji”).
`U.S. Patent No. 5,989,123 issued to Kenji Tosaki et al.; issued November 23,
`1999 (“Tosaki”).
`U.S. Patent Publication No. 2001/0025778 filed by Atsushi Ono; published on
`October 4, 2001 (“Ono”).
`U.S. Patent No. 6,153,843 issued to Toshinori Date et al.; issued on November
`28, 2000 (“Date”).
`U.S. Patent No. 6,362,813 issued to Heinz Worn et al.; issued on March 26, 2002
`(“Worn”).
`U.S. Patent No. 6,364,771 issued to Sam Y. Lee; issued on April 2, 2002
`(“Lee”).
`U.S. Patent No. 6,760,013 issued to Michael A. Willner; issued on July 6, 2004
`(“Willner”)
`U.S. Patent Publication No. 2002/0128064 filed by John F. Sobata; published on
`September 12, 2002 (“Sobata”).
`U.S. Patent No. 5,773,769 issued to Christopher W. Raymond; issued on June
`30, 1998 (“Raymond”).
`U.S. Patent Publication No. 2008/0261695 filed by Adam Wesley Coe;
`published on October 23, 2008 (“Coe”).
`“Rapid Fire Mod for Wireless Xbox 360 Controller, Step by Step Tutorial with
`Pictures” posts 341 – 346 by Jimakos Sn, published on July 9, 2008 at
`http:forums.xbox-scene.com/index.php?/topic/643928-rapid-fire-mod-for-
`wireless-xbox-360-controller/page-23 and also /page-24 (“Jimakos”).
`
`
`
`
`
`
`
`8
`
`IRONBURG EX2017, Page 2
`
`
`
`
`
`The ‘770 Patent
`
`B.
`
`Collective Minds identifies the following prior art references that anticipate
`
`
`
`
`or render obvious all asserted claims of the ‘770 patent.
`
`Prior Art
`
`Enright
`Kotkin
`Koji
`Tosaki
`Ono
`Worn
`Date
`Lee
`Willner
`Sobata
`Coe
`Jimakos
`
`
`C. The ‘688 Patent
`
`
`
`
`Collective Minds identifies the following prior art references that anticipate
`
`or render obvious all asserted claims of the ‘688 patent.
`
`Willner
`Kotkin
`Koji
`Tosaki
`Ono
`Worn
`Date
`Lee
`
`
`
`Prior Art
`
`9
`
`IRONBURG EX2017, Page 3
`
`
`
`anything resembling a “channel.” By over-extending the scope of this term through
`
`their allegations well beyond that supported by the intrinsic record, all claims
`
`within which this phrase appears is invalid for failing to satisfy the written
`
`description requirement.
`
`Ironburg has mapped the phrase “command initiation point” from the
`
`asserted claims of the ‘450 Patent in an ambiguous manner that appears to be
`
`entirely at odds with the meaning of this phrase in the intrinsic record. To the
`
`extent Ironburg’s allegations map the “command initiation point” to the resting or
`
`un-actuated position of the trigger controls with the accused Trigger Grips
`
`installed, this phrase (and all claims within which is appears) is invalid for failing
`
`to satisfy the written description requirement.
`
`VI.
`
` Local Patent Rule 4.3(b)
`
`A. Documents Related to Prior Art Under LPR 4.3(b)
`
`Based on its investigations to date, pursuant to LPR 4.3(b), Collective Minds
`
`has produced or is producing documents currently within its possession, custody,
`
`or control that are the prior art references identified above and/or in the attached
`
`charts in connection with Collective Minds’ LPR 4.3(a) disclosure.
`
`
`
`Dated: July 10, 2017
`
`
`
`
`
`Respectfully submitted,
`
`
`
`49
`
`IRONBURG EX2017, Page 4
`
`
`
`
`
`
`
`
`
`
`ERISE IP, P.A.
`
`/s/ Paul R. Hart
`Paul R. Hart, admitted pro hac vice
`Michelle A. Callaghan, admitted pro hac vic
`5600 Greenwood Plaza Blvd., Suite 200
`Greenwood Village, CO 80111
`Telephone: (913) 777-5600
`Facsimile: (913) 777-5601
`Email: paul.hart@eriseip.com
`
` michelle.callaghan@eriseip.com
`
`Eric A. Buresh, admitted pro hac vice
`6201 College Blvd., Suite 300
`Overland Park, KS 66211
`Telephone: (913) 777-5600
`Facsimile: (913) 777-5601
`Email:
`eric.buresh@eriseip.com
`
`
`HILL, KERTSCHER & WHARTON, LLP
`
`Steven G. Hill, GA Bar No. 354658
`Martha L. Decker, GA Bar No. 420867
`3350 Riverwood Parkway, Suite 800
`Atlanta, Georgia 30339
`Telephone: (770) 953-0995
`Facsimile: (770) 953-1358
`Email:
`sgh@hkw-law.com
`
`
`md@hkw-law.com
`
`
`Attorneys for Defendant Collective
`Minds Gaming Co. Ltd
`
`
`
`
`
`50
`
`IRONBURG EX2017, Page 5
`
`
`
`CERTIFICATE OF SERVICE
`
`
`
`The undersigned counsel hereby certifies that on July 10, 2017, a true and
`
`correct copy of the DEFENDANT COLLECTIVE MINDS GAMING CO. LTD.’S
`
`INITIAL INVALIDITY CONTENTIONS, including attachments, was served
`
`upon the following attorneys of records via electronic mail.
`
`Cynthia R. Parks
`Parks IP Law LLC
`75 Ponce de Leon Avenue, NE, Suite 102
`Atlanta, GA 30308
`T: 678.365.4444
`F: 678.365.4450
`cparks@parksiplaw.com
`
`Robert D. Becker
`Manatt, Phelps & Phillips, LLP
`1841 Page Mill Road, Suite 200
`Palo Alto, CA 94304
`T: 650.812.1300
`F: 650.213.0260
`rbecker@manatt.com
`
`
`Dated: July 10, 2017
`
`
`
`
`
`
`
`
`
`
`Respectfully submitted,
`
`
`
`
`/s/ Paul R. Hart
`Paul R. Hart, admitted pro hac vice
`
`Attorney for Defendant
`Collective Minds Gaming Co. Ltd.
`
`51
`
`IRONBURG EX2017, Page 6
`
`
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