IN THE UNITED STATES DISTRICT
`COURT FOR THE WESTERN DISTRICT OF
`TEXAS WACO DIVISION
`
`
`
`
`IGT and IGT CANADA SOLUTIONS ULC,
`
`
`Plaintiff,
`
`
`
`
`
`vs.
`
`
`ZYNGA INC.,
`
`
`Defendant.
`
`Case No. 6:21-cv-00331-ADA
`
`
`
`
`
`
`
`ZYNGA INC.’S PRELIMINARY CLAIM CONSTRUCTIONS
`
`Pursuant to the Court’s Order Governing Proceedings (“OGP”) and the Scheduling Order
`
`entered on September 27, 2021, Defendant Zynga, Inc. (“Zynga”) hereby sets forth the following
`
`list of preliminary claim constructions. To the extent that any term appears in a dependent claim
`
`of any of the claims identified, Zynga proposes construing the term in any dependent claims as
`
`well. Zynga reserves the right to add to or remove from the claim terms proposed for construction.
`
`Zynga further reserves the right to amend or supplement its produced constructions. Zynga’s
`
`reservation of rights includes making amendments or supplementations in response to Plaintiffs’
`
`proposed claim constructions, as a result of the meet and confer process with Plaintiff, and/or as
`
`discovery continues.
`
`By proposing a construction for a claim term, or failing to propose a construction for a
`
`claim term, Zynga in no way admits that construction of a particular claim term is required, not
`
`required, or possible. Zynga reserves its right to challenge the validity of claims under 35 U.S.C.
`
`-1-
`
`
`Zynga Ex. 1008, p. 1
`Zynga v. IGT
`IPR2022-00200
`
`
`COURT FOR THE WESTERN DISTRICT OF
`TEXAS WACO DIVISION
`
`
`
`
`IGT and IGT CANADA SOLUTIONS ULC,
`
`
`Plaintiff,
`
`
`
`
`
`vs.
`
`
`ZYNGA INC.,
`
`
`Defendant.
`
`Case No. 6:21-cv-00331-ADA
`
`
`
`
`
`
`
`ZYNGA INC.’S PRELIMINARY CLAIM CONSTRUCTIONS
`
`Pursuant to the Court’s Order Governing Proceedings (“OGP”) and the Scheduling Order
`
`entered on September 27, 2021, Defendant Zynga, Inc. (“Zynga”) hereby sets forth the following
`
`list of preliminary claim constructions. To the extent that any term appears in a dependent claim
`
`of any of the claims identified, Zynga proposes construing the term in any dependent claims as
`
`well. Zynga reserves the right to add to or remove from the claim terms proposed for construction.
`
`Zynga further reserves the right to amend or supplement its produced constructions. Zynga’s
`
`reservation of rights includes making amendments or supplementations in response to Plaintiffs’
`
`proposed claim constructions, as a result of the meet and confer process with Plaintiff, and/or as
`
`discovery continues.
`
`By proposing a construction for a claim term, or failing to propose a construction for a
`
`claim term, Zynga in no way admits that construction of a particular claim term is required, not
`
`required, or possible. Zynga reserves its right to challenge the validity of claims under 35 U.S.C.
`
`-1-
`
`
`Zynga Ex. 1008, p. 1
`Zynga v. IGT
`IPR2022-00200
`
`
`
`§ 112 (as well as on any other ground) not required to be raised during the claim construction
`
`process, including but not limited to invalidity based on enablement or written description.
`
`To the extent that a term or proposed construction is not identified below, Zynga does not
`
`waive the right to seek constructions of any claim terms (including indefinite or previously
`
`identified terms) if it becomes apparent that claim construction is, in fact, needed or required
`
`because Zynga and Plaintiffs dispute the claim construction of any such terms. See generally O2
`
`Micro Int’l Ltd. v. Monolithic Power Sys., Inc., 467 F.3d 1355 (Fed. Cir. 2006).
`
`Based on the information currently available, Zynga proposes the following constructions
`
`for the following terms in U.S. Patent Nos. 8,708,791 (the “’791 Patent”); 9,159,189 (the “’189
`
`Patent”); 7,168,089 (the “’089 Patent”); 7,303,473 (the “’473 Patent”); 8,795,064 (the “’064
`
`Patent”); and 8,266,212 (the “’212 Patent”).
`
`-2-
`
`Zynga Ex. 1008, p. 2
`Zynga v. IGT
`IPR2022-00200
`
`
`
`
`
`
`
`
`
`1.
`
`2.
`
`3.
`
`791 PATENT
`
`Claim Terms and Phrases
`Requiring Construction in the ’791
`Patent
`
`Proposed Construction
`
`“determine instances of probable
`collusion between players” (claim 1)
`
`“determining instances of likely unfair collaboration between human participants in
`a game”
`
`“analyzing . . . the game play data to
`determine individual players’ typical
`gaming styles” (claim 1)
`
`“analyzing the actions a human takes within a game to identify patterns in the way
`they play the game”
`
`“providing playing card hands as a
`single image of fanned-out playing
`cards” (claim 5)
`
`“transmitting one image that depicts all of the cards in multiple playing card hands
`in a fanned-out formation, as distinct from an image in which cards may be
`individually replaced”
`
`4.
`
`“displayed as one image” (claim 7)
`
`“displaying one image that depicts the entire screen of game play information,
`including player input areas, as distinct from separate images that may be
`individually replaced”
`
`
`
`
`
`-3-
`
`
`Zynga Ex. 1008, p. 3
`Zynga v. IGT
`IPR2022-00200
`
`
`
`189 PATENT
`
`
`
`1.
`
`Claim Terms and Phrases Requiring Construction in
`the ’189 Patent
`“establishing” and “re-established” “communications
`link” and “communications link failure” (claims 1, 10)
`
`2.
`
`“stationary gaming terminal” (claims 1, 10)
`
`Proposed Construction
`
`“communications link failure”
`
`-
`
`“breaking an active communication link”
`
`“establishing” and “re-established” “communications link”
`
`-
`
`“to set up an active communication link” / “to re-connect
`with the previous active communication link”
`
`
`
`“a licensed stationary gaming machine located in the same
`jurisdiction in which the mobile gaming device is located, as
`distinct from an internet server”
`
`3.
`
`“conveying to the player that the game is presently
`occurring” (claims 1, 10)
`
`Indefinite
`
`4.
`
`“award” (claims 1, 10)
`
`“prize to be paid to the player”
`
`
`
`
`
`
`
`-4-
`
`Zynga Ex. 1008, p. 4
`Zynga v. IGT
`IPR2022-00200
`
`
`
`089 PATENT
`
`
`
`1.
`
`Claim Terms and Phrases Requiring Construction in
`the ’089 Patent
`“gaming machine” (all asserted claims)
`
`2.
`
`“gaming software” (all asserted claims)
`
`3.
`
`“software authorization agent” (all asserted claims)
`
`Proposed Construction
`
`“a special purpose machine like a slot machine or video poker
`machine, not a general purpose computer”
`
`“instructions that are executed to run a game or a component of a
`game, as distinct from data”
`
`“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”
`
`4.
`
`5.
`
`6.
`
`“gaming software transaction request” (claim 84)
`
`“a request that is for the download of certain gaming software”
`
`“approves/approval” (claims 84 and 85)
`
`“an instruction that gives permission to the first gaming device to
`transfer the requested gaming software to the second gaming
`device”
`
`“validating the gaming software download request”
`(claim 28)
`
`Indefinite
`
`7.
`
`“the gaming transaction information” (claim 31)
`
`Indefinite for lack of antecedent basis
`
`
`
`-5-
`
`Zynga Ex. 1008, p. 5
`Zynga v. IGT
`IPR2022-00200
`
`
`
`
`
`8.
`
`9.
`
`10.
`
`11.
`
`Claim Terms and Phrases Requiring Construction in
`the ’089 Patent
`“sending the gaming software transaction request to a
`gaming software authorization agent” (claim 84)
`
`Proposed Construction
`
`“the gaming software transaction request” is the same request that
`the “first gaming device” received from the “second gaming
`device.”
`
`“receiving an approval of the gaming software
`transaction request from the gaming software
`authorization agent” (claim 85)
`
`Indefinite
`
`“terminating the transfer of the gaming software” (claim
`86)
`
`Indefinite
`
`“wherein the gaming software transaction information is
`one or more of a one or more of” (claim 92)
`
`Indefinite
`
`
`
`
`
`
`
`-6-
`
`Zynga Ex. 1008, p. 6
`Zynga v. IGT
`IPR2022-00200
`
`
`
`473 PATENT
`
`Claim Terms and Phrases Requiring Construction in
`the ’473 Patent
`“slots” (claims 1, 2, 28, 30)
`
`Proposed Construction
`
`“a collection of games that pay off according to the matching of
`symbols on wheels spun by a user”
`
`“said second game being different from said first game”
`(claim 1)
`
`“the second game and the first game must be different ones of the
`following games: poker, blackjack, slots, keno, or bingo”
`
`
`
`1.
`
`2.
`
`3.
`
`“website server” (claims 1, 6, 9-21, 32, 36)
`
`
`
`
`“website controller” (claims 22-24, 26)
`
`
`
`“website computing apparatus” (claims 27, 29, 31-37)
`
`“a 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 server that provides websites to other devices wherein said
`server is a separate device from the first gaming computer and the
`second gaming computer”
`
`“a server that provides websites to other devices wherein said
`server is a separate device from the first gaming
`server/computer/apparatus and the second gaming
`server/computer/apparatus”
`
`
`
`-7-
`
`Zynga Ex. 1008, p. 7
`Zynga v. IGT
`IPR2022-00200
`
`
`
`
`
`4.
`
`Claim Terms and Phrases Requiring Construction in
`the ’473 Patent
`“first gaming server” (claims 1-3, 8, 9, 16, 31)
`
`
`
`“first gaming computer” (claims 22, 27)
`
`
`
`“first gaming apparatus” (claims 29, 31, 33, 34, 36, 37)
`
`5.
`
`“second gaming server” (claims 1, 8, 9, 16, 31)
`
`
`
`
`“second gaming computer” (claims 22, 27)
`
`
`
`“second gaming apparatus” (claims 29, 31, 33, 34, 36,
`37)
`
`Proposed Construction
`
`“a gaming server wherein said server is a separate device from
`the second gaming server and the website server/website
`computing apparatus”
`
`“a gaming server wherein said server is a separate device from
`the second gaming computer and the website controller/website
`computing apparatus”
`
`“a gaming server that is a separate device from the second
`gaming apparatus and the website computing apparatus/website
`server”
`
`“a gaming server wherein said server is a separate device from
`the first gaming server and the website server/website computing
`apparatus”
`
`“a gaming server wherein said server is a separate device from
`the first gaming server and the website controller/website
`computing apparatus”
`
`“a gaming server that is a separate device from the first gaming
`apparatus and the website computing apparatus/website server”
`
`-8-
`
`Zynga Ex. 1008, p. 8
`Zynga v. IGT
`IPR2022-00200
`
`
`
`
`
`6.
`
`7.
`
`8.
`
`Claim Terms and Phrases Requiring Construction in
`the ’473 Patent
`“to determine whether to select said first gaming server
`or said second gaming server based on said game
`selection received from said one remote player device”
`(claim 1) / “to determine whether to select a first gaming
`server or a second gaming server based on said game
`selection” (claims 9 and 16) / “that determines whether to
`select a first gaming computer or second gaming
`computer based on said game selection” (claim 22) /
`“determining whether to select a first gaming computer
`or a second gaming computer based on said game
`selection received” (claim 27) / “determining whether to
`select a first gaming apparatus or a second gaming
`apparatus based on said game selection data” (claim 29)
`
`“transmitting said game display data from said gaming
`server to said website computing apparatus” (claim 37)
`
`“said controller (of said website server) being
`programmed to cause player data received from said one
`remote player device to be stored in memory” / “a second
`computer program portion stored in said memory that
`causes game selection data representing a game selection
`that is received from said remote player device to be
`stored in memory” (claims 1, 9, 22)
`
`Proposed Construction
`
`Plain and ordinary meaning
`
`Indefinite - “said game display data” has no antecedent basis
`
`Indefinite - “in memory” is indefinite with no antecedent basis.
`
`-9-
`
`Zynga Ex. 1008, p. 9
`Zynga v. IGT
`IPR2022-00200
`
`
`
`
`
`9.
`
`Claim Terms and Phrases Requiring Construction in
`the ’473 Patent
`“authorized sender” (claims 7, 15, 21, 26)
`
`Indefinite
`
`Proposed Construction
`
`10. “wherein said first game and said second game are the
`same type of game.” (claims 4, 12, 18, 24)
`
`“wherein said first game and said second game share similar
`characteristics”
`
`
`
`
`
`
`
`
`
`
`
`-10-
`
`Zynga Ex. 1008, p. 10
`Zynga v. IGT
`IPR2022-00200
`
`
`
`064 PATENT
`
`Claim Terms and Phrases Requiring Construction in
`the ’064 Patent
`“processor” (claim 9)
`
`“plurality of instructions” (claim 9)
`
`“track information associated with the identified player”
`(claim 9)
`
`“determine, based at least in part on the [first/second] set
`of tracked information, a [first/second] message” (claim
`9)
`
`“output device” (claim 9)
`
`“data network” (claim 17)
`
`
`
`1.
`
`2.
`
`3.
`
`4.
`
`5.
`
`6.
`
`
`
`
`
`
`
`Proposed Construction
`
`Plain and ordinary meaning
`
`Plain and ordinary meaning
`
`Plain and ordinary meaning
`
`Plain and ordinary meaning
`
`Plain and ordinary meaning
`
`Plain and ordinary meaning
`
`-11-
`
`Zynga Ex. 1008, p. 11
`Zynga v. IGT
`IPR2022-00200
`
`
`
`212 PATENT
`
`
`
`1.
`
`2.
`
`Claim Terms and Phrases Requiring Construction in
`the ’212 Patent
`“communication bus” (claims 24, 31)
`
`“gaming machine” (claims 24, 31)
`
`3.
`
`“publishing” (claims 24, 31)
`
`Proposed Construction
`
`“a communication network”
`
`“a special purpose machine like a slot machine or video poker
`machine, not a general purpose computer”
`
`“communicating information on a specific topic to one or more
`subscribers without needing to know any subscriber’s identity”
`
`4.
`
`5.
`
`6.
`
`7.
`
`8.
`
`9.
`
`“high-level function” (claims 24, 31)
`
`Indefinite
`
`“node” (claims 24, 31)
`
`“subscribe” (claims 24, 31)
`
`“a device that is connected as part of a computer network”
`
`“authorize receiving information on a specific topic from one or
`more senders without needing to know any sender’s identity”
`
`“accepting the subscription request” (claims 24, 31)
`
`Plain and ordinary meaning
`
`“initiating a gaming session” (claims 24, 31)
`
`“taking the first step to begin a gaming session”
`
`“call backs” (claims 24, 31)
`
`Plain and ordinary meaning
`
`10.
`
`“execution of the [first] high-level function” (claims 24,
`31)
`
`Indefinite
`
`
`
`-12-
`
`Zynga Ex. 1008, p. 12
`Zynga v. IGT
`IPR2022-00200
`
`
`
`
`
`11.
`
`Claim Terms and Phrases Requiring Construction in
`the ’212 Patent
`“a step of the [first gaming machine/node] performing a
`call back upon receiving the request to consume or
`execute the high-level function” (claims 29, 36)
`
`Indefinite
`
`12.
`
`“call hack” (claim 36)
`
`13.
`
`“gaining machine” (claims 31, 35)
`
`“call back”
`
`“gaming machine”
`
`Proposed Construction
`
`
`
`
`
`
`
`
`
`
`
`-13-
`
`Zynga Ex. 1008, p. 13
`Zynga v. IGT
`IPR2022-00200
`
`
`
`
`
`-14-
`-14-
`
`
`Zynga Ex. 1008, p. 14
`Zyngav. IGT
`IPR2022-00200
`
`Zynga Ex. 1008, p. 14
`Zynga v. IGT
`IPR2022-00200
`
`
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