From:
`Sent:
`To:
`
`Subject:
`
`Darryl Adams <dadams@sgbfirm.com>
`Tuesday, January 4, 2022 5:38 PM
`Carson, Charles C.; Goettle, Daniel; Lesovitz, Jeffrey; Lyons, Jeffrey J.; Kurcz, Jennifer M.; Sigmond, Leif;
`Skiles, Scott A.; D. Dacus; acaridis@orrick.com; croberts@orrick.com; mark@swclaw.com;
`sjensen@orrick.com; ruriarte@orrick.com; Kristie Davis
`IGT et al v. ZYNGA INC. (6:21-cv-00331-ADA) - Preliminary Constructions
`
`[External Email: Use caution when clicking on links or opening attachments.] 
`
`Counsel,
`
`The Court provides the preliminary constructions below in advance of the Markman hearing. The purpose of
`preliminary constructions is to streamline the hearing by providing the parties an indication of the Court’s
`current position for each term. Although the parties are, of course, free to argue for their originally proposed
`construction, it is generally unlikely that the Court will select a party’s originally proposed construction over the
`preliminary construction. As such, the Court believes arguments to fine-tune the preliminary construction may
`be more helpful. The preliminary constructions are not final as the Court may change those constructions based
`on the arguments at the hearing.
`
`Of the below terms, please let me know what terms each side would like to argue by midnight tonight
`(alternatively, the parties can mutually agree to an alternative time no later than 8:00 am CT tomorrow, in which
`case please let me know the agreed time). Each side may email their list separately (but please CC the other
`side) or jointly (please indicate which side, or both, wants to argue each term). Unless the Court directs
`otherwise, the terms will be addressed during the hearing in the same order as the Joint Claim Construction
`Statement.
`
`Also, at least 30 minutes before the hearing, please submit any slides the parties wish to use at the Markman
`hearing (and CC the other side). To assist the court reporter (Kristie Davis, CC-ed), please email her a copy of
`your slides as soon as possible (it’s okay if it’s just a draft). When you email her, no need to CC the other side
`or the Court as it is purely to help her generate the transcript as quickly as possible.
`
`Let me know if you have any questions.
`
`Best regards,
`Darryl Adams
`
`Terms
`
`software
`authorization
`agent
`
`Plaintiff IGT’s
`Proposed Construction
`No construction
`necessary (plain and
`ordinary meaning).
`
`Defendant Zynga’s
`Proposed Construction
`a device that authorizes
`(that is approves or
`rejects) specific
`transfers of gaming
`software based on
`applicable rules, and
`monitors (that is tracks)
`these transfers
`
`Court’s Preliminary
`Construction
`a device that authorizes
`(that is approves or
`rejects) specific
`transfers of gaming
`software based on
`applicable rules, and
`monitors (that is
`tracks) these transfers
`
`1
`
`IGT EXHIBIT 2027
`Zynga v. IGT, IPR2022-00199
`
`

`

`gaming software No construction
`necessary (plain and
`ordinary meaning).
`
`gaming machine No construction
`necessary (plain and
`ordinary meaning).
`
`website server
`
`No construction
`necessary (plain and
`ordinary meaning).
`
`first gaming
`server
`
`No construction
`necessary (plain and
`ordinary meaning).
`
`second gaming
`server
`
`No construction
`necessary (plain and
`ordinary meaning).
`
`publishing
`
`No construction
`necessary (plain and
`ordinary meaning).
`
`high-level
`function
`
`node”
`
`Definite—i.e., [“a
`function that may be
`used or consumed by
`devices from more than
`one vendor”]
`No construction
`necessary (plain and
`ordinary meaning).
`
`instructions that are
`executed to run a game
`or a component of a
`game, as distinct from
`[stand-alone] data
`a special purpose
`machine like a slot
`machine, not a general
`purpose computer
`server that provides
`websites to other
`devices wherein said
`server is a separate
`device from the first
`gaming
`server/apparatus and
`the second gaming
`server/apparatus
`a first gaming server
`wherein said server is a
`separate device from
`the second gaming
`server and the website
`server/website
`computing apparatus
`
`a second gaming server
`wherein said server is a
`separate device from
`the first gaming server
`and the website
`server/website
`computing apparatus”
`
`communicating
`information on a
`specific topic to one or
`more subscribers
`without needing to
`know any subscriber’s
`identity
`Indefinite
`
`Plain and ordinary
`meaning.
`
`Note: data alone is not
`gaming software.
`Plain and ordinary
`meaning.
`
`Plain and ordinary
`meaning.
`
`Note: the website
`server, first gaming
`server, and second
`gaming server are
`separate devices.
`
`Plain and ordinary
`meaning.
`
`Note: the website
`server, first gaming
`server, and second
`gaming server are
`separate devices.
`Plain and ordinary
`meaning.
`
`Note: the website
`server, first gaming
`server, and second
`gaming server are
`separate devices.
`Plain and ordinary
`meaning.
`
`Plain and ordinary
`meaning.
`
`a device that is
`connected as part of a
`computer network
`
`a device that is
`connected as part of a
`computing network.
`
`2
`
`

`

`determine
`instances of
`probable
`collusion
`between players
`“establishing”
`and “re-
`established”
`“communications
`link”
`
`No construction
`necessary (plain and
`ordinary meaning).
`
`No construction
`necessary (plain and
`ordinary meaning).
`
`Plain and ordinary
`meaning.
`
`
`Plain and ordinary
`meaning.
`
`
`determining instances
`of likely unfair
`collaboration between
`human participants in a
`game”
`to set up an active
`communication link
`over which signals may
`be sent and received”/
`“an active
`communication link
`that was set up and
`failed, and is then set
`up again and over
`which signals may be
`sent and received
`
`
` 
` 
`sgb I SLAYDEN GRUBERT BEARD PLLC 
`401 Congress Ave, Ste 1650 I Austin, TX 78701 I USA 
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`
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` 
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`
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