UNITED STATES PATENT AND TRADEMARK OFFICE
`______________
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`______________
`
`EVERI PAYMENTS INC.
`Petitioner,
`
`v.
`
`SIGHTLINE PAYMENTS LLC
`Patent Owner.
`
`______________
`
`Case IPR2022-00696
`U.S. Patent No. 8,998,708
`
`
`
`
`
`DECLARATION OF DWIGHT CREVELT
`IN SUPPORT OF PETITION FOR INTER PARTES REVIEW
`OF U.S. PATENT NO. 8,998,708
`
`
`
`
`
`EVERI EX. 1001
`Everi v. Sightline IPR2022-00696
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`

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`
`TABLE OF CONTENTS
`I.
`INTRODUCTION ........................................................................................... 7
`BACKGROUND AND QUALIFICATIONS ................................................. 7
`II.
`INFORMATION RELIED UPON ................................................................ 13
`III.
`IV. SCOPE OF ASSIGNMENT AND MATERIALS REVIEWED .................. 14
`V.
`LEGAL STANDARDS AND UNDERSTANDINGS APPLIED ................ 16
`VI. LEVEL OF ORDINARY SKILL IN THE ART ........................................... 19
`VII. CLAIM CONSTRUCTION .......................................................................... 20
`VIII. BACKGROUND OF THE TECHNOLOGY ................................................ 20
`1.
`Player Tracking, Loyalty, and Slot Accounting Systems ................... 20
`2.
`Bonusing, Promotions, and Cashless Gaming .................................... 30
`3.
`Transferring Funds Between the Player’s Financial Account, the
`Player’s Gaming Account, and the Gaming Devices .................................... 41
`IX. OVERVIEW OF THE ’708 PATENT .......................................................... 46
`X. GROUND 1: CLAIMS 1-2, 6, 8-9, 11-12, 15-16, 18-20 ARE OBVIOUS IN
`VIEW OF SMITH .................................................................................................... 53
`1.
`Overview of Smith .............................................................................. 53
`2.
`Independent Claim 1 ........................................................................... 58
`a.
`[1.0] A computer-based method of transferring funds between a
`stored value account and a gaming account, the method comprising: 58
`b.
`[1.1] receiving, by one or more computing devices, a player
`identifier of a player, ........................................................................... 61
`c.
`[1.2] wherein the player identifier is associated with a gaming
`account having a balance maintained by a casino computing
`system, ................................................................................................. 65
`d.
`[1.3] identifying, by any of the one or more computing devices,
`a stored value account based at least partially on the player
`identifier, ............................................................................................. 70
`e.
`[1.4] wherein the stored value account is associated with a stored
`value payment vehicle issued to the player, ........................................ 76
`f.
`[1.5] and wherein a balance of the stored value account is
`maintained by an issuer processor computing system; and ................ 77
`g.
`[1.6] instructing, by any of the one or more computing devices,
`the issuer processor computing system to decrease the balance of the
`stored value account; and instructing, by any of the one or more
`computing devices, the casino computing system to increase the
`balance of the gaming account. ........................................................... 80
`Claim 2 ................................................................................................ 83
`
`3.
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`a.
`[2.1] The computer-based method of claim 1, further comprising:
`receiving, by any of the one or more computing devices, a request to
`transfer a first amount of funds from the stored value account to the
`gaming account; and ............................................................................ 83
`b.
`[2.2] initiating, by any of the one or more computing devices, a
`transaction to decrease the balance of the stored value account. ........ 85
`Claim 6: The computer-based method of claim 1, wherein the gaming
`4.
`account is any of a wagering account, a casino level player account, and a
`metered gaming credit account. ..................................................................... 86
`5.
`Claim 8: The computer-based method of claim 1, wherein decreasing
`the balance of the stored value account and increasing the balance of the
`gaming account occurs in substantially real-time. ........................................ 87
`6.
`Claim 9: The computer-based method of claim 1, wherein the player
`identifier is a casino-issued unique identifier tied to a loyalty program
`associated with a gaming environment. ......................................................... 90
`7.
`Independent Claim 11 ......................................................................... 94
`a.
`[11.0] A computer-based method of funding an account
`associated with a player, comprising: ................................................. 94
`b.
`[11.1] receiving, by a transaction facilitator computing system, a
`load request, wherein the load request comprises a request to load
`player funds to a stored value account associated with a stored value
`payment vehicle, .................................................................................. 94
`c.
`[11.2] wherein the stored value account has a balance amount
`that is maintained by an issuer processor computing system; ............ 98
`d.
`[11.3] receiving, by the transaction facilitator computing system,
`player funds information, wherein the player funds information
`comprises at least a total value of the player funds; ........................... 98
`e.
`[11.4] instructing, by the transaction facilitator computing
`system, the issuer processor computing system to increase the balance
`amount of the stored value account based on the total value of the player
`funds. 99
`Claim 12: The computer-based method of claim 11, wherein the load
`8.
`request is received from a computing system that is associated with any of a
`casino cage, a casino table game, a gaming device, a kiosk, a casino pit, a
`casino sports book, and an online casino. .................................................... 104
`9.
`Claim 15: The computer-based method of claim 11, wherein the player
`funds comprise player-sourced funds tendered to the casino. ..................... 107
`10. Claim 16: The computer-based method of claim 11, wherein the player
`funds comprise a jackpot payout. ................................................................ 108
`11.
`Independent Claim 18 ....................................................................... 109
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`a.
`for a gaming environment,
`[18.0] A gaming system
`comprising: ........................................................................................ 109
`b.
`[18.1] a stored value payment vehicle issued to a player ....... 109
`c.
`[18.2] wherein funds accessible by the stored value payment
`vehicle are maintained in a stored value account and are accessible
`through a payment network; .............................................................. 109
`d.
`[18.3] a gaming account to hold funds for the player; ............ 111
`e.
`[18.4] a loyalty account assigned to the player ....................... 111
`f.
`[18.5] wherein the loyalty account is maintained by a customer
`management system, ......................................................................... 115
`g.
`[18.6] wherein the loyalty account assigned to the player is
`associated with the stored value account; and................................... 118
`h.
`[18.7] at least one processor and non-transitory computer
`readable medium having instructions stored thereon which when
`executed by a processor cause the processor to: ............................... 120
`i.
`[18.8] selectively cause the funds maintained in the stored value
`account to be decreased; and selectively cause the funds held by the
`gaming account to be increased. ....................................................... 121
`12. Claim 19: “The system for the gaming environment of claim 18,
`wherein the gaming account is any of a casino level player account, brick-
`and-mortar wagering account, race-and-sports wagering account, and an
`internet gaming wagering account.” ............................................................ 123
`13. Claim 20 ............................................................................................ 124
`a.
`[20.1] The system for the gaming environment of claim 18,
`further comprising: a gaming device comprising means for receiving a
`player identifier, ................................................................................ 124
`b.
`[20.2] and wherein the non-transitory computer readable
`medium comprises instructions which when executed by a processor
`cause the processor to: receive a player identifier of the player;
`and 125
`c.
`[20.3] based at least partially on the player identifier, determine
`the stored value account that is linked to the loyalty account. .......... 125
`XI. GROUND 2: CLAIMS 1, 2, 6, 8-12, 15-20ARE OBVIOUS IN VIEW OF
`SOMMER .............................................................................................................. 127
`1.
`Overview of Sommer ........................................................................ 127
`2.
`Independent Claim 1 ......................................................................... 130
`a.
`[1.0] A computer-based method of transferring funds between a
`stored value account and a gaming account,
`the method
`comprising: ........................................................................................ 130
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`3.
`
`b.
`[1.1] receiving, by one or more computing devices, a player
`identifier of a player, ......................................................................... 131
`c.
`[1.2] wherein the player identifier is associated with a gaming
`account having a balance maintained by a casino computing
`system, ............................................................................................... 134
`d.
`[1.3] identifying, by any of the one or more computing devices,
`a stored value account based at least partially on the player
`identifier, ........................................................................................... 138
`e.
`[1.4] wherein the stored value account is associated with a stored
`value payment vehicle issued to the player, ...................................... 140
`f.
`[1.5] and wherein a balance of the stored value account is
`maintained by an issuer processor computing system; and .............. 141
`g.
`[1.6] instructing, by any of the one or more computing devices,
`the issuer processor computing system to decrease the balance of the
`stored value account; and instructing, by any of the one or more
`computing devices, the casino computing system to increase the
`balance of the gaming account. ......................................................... 143
`Independent Claim 2 ......................................................................... 146
`a.
`[2.1] The computer-based method of claim 1, further comprising:
`receiving, by any of the one or more computing devices, a request to
`transfer a first amount of funds from the stored value account to the
`gaming account; and .......................................................................... 146
`b.
`[2.2] initiating, by any of the one or more computing devices, a
`transaction to decrease the balance of the stored value account. ...... 148
`Claim 6: The computer-based method of claim 1, wherein the gaming
`4.
`account is any of a wagering account, a casino level player account, and a
`metered gaming credit account. ................................................................... 149
`5.
`Claim 8: The computer-based method of claim 1, wherein decreasing
`the balance of the stored value account and increasing the balance of the
`gaming account occurs in substantially real-time. ...................................... 150
`6.
`Claim 9: The computer-based method of claim 1, wherein the player
`identifier is a casino-issued unique identifier tied to a loyalty program
`associated with a gaming environment. ....................................................... 152
`7.
`Claim 10: The computer-based method of claim 1, further comprising:
`subsequent to receiving the player identifier, sending, by any of the one or
`more computing devices, an indication of the account balance of the stored
`value account. .............................................................................................. 154
`8.
`Independent Claim 11 ....................................................................... 156
`a.
`[11.0] A computer-based method of funding an account
`associated with a player, comprising: ............................................... 156
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`b.
`[11.1] receiving, by a transaction facilitator computing system, a
`load request, wherein the load request comprises a request to load
`player funds to a stored value account associated with a stored value
`payment vehicle, ................................................................................ 156
`c.
`[11.2] wherein the stored value account has a balance amount
`that is maintained by an issuer processor computing system; .......... 160
`d.
`[11.3] receiving, by the transaction facilitator computing system,
`player funds information, wherein the player funds information
`comprises at least a total value of the player funds; ......................... 160
`e.
`[11.4] instructing, by the transaction facilitator computing
`system, the issuer processor computing system to increase the balance
`amount of the stored value account based on the total value of the player
`funds. 160
`Claim 12: The computer-based method of claim 11, wherein the load
`9.
`request is received from a computing system that is associated with any of a
`casino cage, a casino table game, a gaming device, a kiosk, a casino pit, a
`casino sports book, and an online casino. .................................................... 163
`10. Claim 15: The computer-based method of claim 11, wherein the player
`funds comprise player-sourced funds tendered to the casino. ..................... 165
`11. Claim 16: The computer-based method of claim 11, wherein the player
`funds comprise a jackpot payout. ................................................................ 165
`12. Claim 17 ............................................................................................ 166
`a.
`[17.1] The computer-based method of claim 16, comprising:
`receiving, by the transaction facilitator computing system, jackpot
`information, wherein the jackpot information comprises at least a
`jackpot identifier; .............................................................................. 166
`b.
`[17.2] subsequent
`to an authentication of
`the
`jackpot
`information, instructing, by the transaction facilitator computing
`system, the issuer processor computing system to increase the balance
`amount of the stored value account based on the jackpot amount.. .. 167
`Independent Claim 18 ....................................................................... 168
`a.
`[18.0] A gaming system
`for a gaming environment,
`comprising: ........................................................................................ 168
`b.
`[18.1] a stored value payment vehicle issued to a player ....... 168
`c.
`[18.2] wherein funds accessible by the stored value payment
`vehicle are maintained in a stored value account and are accessible
`through a payment network; .............................................................. 168
`d.
`[18.3] a gaming account to hold funds for the player; ............ 170
`e.
`[18.4] a loyalty account assigned to the player ....................... 170
`
`13.
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`f.
`[18.5] wherein the loyalty account is maintained by a customer
`management system, ......................................................................... 172
`g.
`[18.6] wherein the loyalty account assigned to the player is
`associated with the stored value account; and................................... 174
`h.
`[18.7] at least one processor and non-transitory computer
`readable medium having instructions stored thereon which when
`executed by a processor cause the processor to: ............................... 175
`i.
`[18.8] selectively cause the funds maintained in the stored value
`account to be decreased; and selectively cause the funds held by the
`gaming account to be increased. ....................................................... 175
`14. Claim 19: “The system for the gaming environment of claim 18,
`wherein the gaming account is any of a casino level player account, brick-
`and-mortar wagering account, race-and-sports wagering account, and an
`internet gaming wagering account.” ............................................................ 176
`15. Claim 20 ............................................................................................ 176
`a.
`[20.1] The system for the gaming environment of claim 18,
`further comprising: a gaming device comprising means for receiving a
`player identifier, ................................................................................ 176
`b.
`[20.2] and wherein the non-transitory computer readable
`medium comprises instructions which when executed by a processor
`cause the processor to: receive a player identifier of the player;
`and 177
`c.
`[20.3] based at least partially on the player identifier, determine
`the stored value account that is linked to the loyalty account. .......... 178
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`I, Dwight Crevelt, hereby declare as follows:
`INTRODUCTION
`I.
`I am over the age of 18 and am competent to submit this declaration.
`1.
`
`The statements and opinions herein are based on my personal knowledge and upon
`
`my background, education, research, training, and experience relating to the subject
`
`matter discussed.
`
`2.
`
`I have been retained by Dickinson Wright PLLC on behalf Petitioner
`
`Everi Payments Inc. (“Everi”) in this matter to offer technical opinions relating to
`
`U.S. Patent No. 8,998,708 (“the 708 Patent”) and to submit this declaration in
`
`connection with the Inter Partes Review of Claims 1, 2, 6, 8-12, and 15-20 of the
`
`’708 Patent. If called upon to do so, I am prepared to testify as an expert witness in
`
`this regard.
`
`II. BACKGROUND AND QUALIFICATIONS
`I am an expert in the field of design and operation of gaming machines
`3.
`
`and systems for the casino industry, including cashless wagering systems.
`
`4.
`
`I am the founder and presently president of Crevelt Computer System,
`
`Inc., a gaming business consulting and engineering development company that is
`
`located and incorporated in Las Vegas, Nevada. I founded Crevelt Computer in
`
`1977. Although I discuss my expert qualifications in more detail below, I also attach
`
`as Appendix A a recent and complete curriculum vitae, which details my
`
`educational and professional background.
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`5. My formal, post-high school education started at the University of Las
`
`Vegas in 1973. I continued my education at the U.S. Naval Academy from 1975 to
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`1977. While at the Navy, I was a systems engineering major. I then attended Iowa
`
`State University, where I received my Bachelor of Science degree in Computer
`
`Engineering in 1979.
`
`6.
`
`In 1977, I started developing my own slot machine system. This
`
`involved disassembling existing systems, re-engineering components, creating new
`
`software, and creating new code for new games. It also involved creating drives for
`
`stepper motors, lights, controls and switches on the gaming. When I left the Navy
`
`and joined Iowa State University, I brought this slot machine system with me. As I
`
`was continued developing it, my slot machine system was displayed at VEISHEA at
`
`Iowa State, which is an annual week-long celebration showcasing the university, its
`
`collages, student accomplishments and the engineering college, that puts new
`
`inventions and designs out for display.
`
`7. My professional experience in the casino gaming industry started in
`
`1974, when I joined Gamex Industries as a software engineer. As a software
`
`engineer, I designed and developed casino game management systems, including an
`
`on-line slot accounting and monitoring system, and I also maintained Gamex’s on-
`
`line casino table game accounting system. I was also responsible for maintaining
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`the system that monitored the play of table games and slot machines as installed in
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`Caesar’s Palace, Las Vegas.
`
`8.
`
`In 1977, I started my own consulting company, Crevelt Computer
`
`System, Inc., and near the end of 1977 I worked at United Audio Visual as a software
`
`engineer developing audio/video controllers for multimedia shows.
`
`9.
`
`From 1979 to 1980, I continued to work in the gaming industry as a
`
`computer engineer for Sircoma (later becoming International Game Technologies,
`
`or IGT). At Sircoma, I developed various gaming machines, including video Poker,
`
`video Blackjack, video Red Dog and Whirlwin. I also had responsibility for
`
`developing and maintaining the software for these video slot machines. I also acted
`
`as a technical gaming control liaison, which involved providing the Nevada Gaming
`
`Control Board staff with technical information regarding the company’s gaming
`
`devices. The Nevada Gaming Control Board regulates the gaming industry in
`
`Nevada, overseeing the licensing and compliance of casinos as well as
`
`manufacturers and the equipment used in gaming.
`
`10.
`
`In 1981, I worked for Mills-Jennings as a Director of Corporate
`
`Research. In this role, I assembled and supervised a research and development team
`
`that designed a complete line of video casino gaming machines, such as video poker
`
`machines, video slot machines, and the like. My research and development team
`
`also designed an on-line casino accounting system suited for the casino floor.
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`11. From 1984 to 1986, as a consultant with Crevelt Computer System Inc.,
`
`I worked with Electronic Data Technologies, where I designed and developed the
`
`first complete on-line player tracking/loyalty system, known as the Action System.
`
`I designed hardware, software, and performed the first systems analysis of player
`
`tracking/loyalty system. This included the necessary hardware and software to
`
`monitor the gaming machines and communicate this data to the slot monitoring
`
`system. The slot monitoring system included a network of PC computers and
`
`software applications utilizing the client/server architecture
`
`12. From 1988 to 1996, I worked for Electronic Data Technologies (EDT)
`
`and International Game Technologies (IGT). I was responsible for design,
`
`development and implementation of player tracking/loyalty and accounting systems
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`for casino games, which included providing communications with the casino’s other
`
`computer systems including the casino management systems. Specifically, I
`
`managed the department and oversaw the design and development of the hardware,
`
`software, and systems integration. I also managed the deployment and support for
`
`over 150 installations of the SMART system (also referred to by the customers as
`
`the EDT System, or the Action System) and a “smart card”-based system for cashless
`
`gaming and player tracking/loyalty.
`
`13. During that time, I was also responsible for the development and
`
`deployment of the first cashless system utilized by Caesar’s Palace, Las Vegas. I
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`worked directly with the Director of IT at Caesar’s to integrate our system into their
`
`existing casino systems. Caesar’s system was already configured to communicate
`
`with financial institutions through its ATM systems within the casino. We worked
`
`to integrate our cashless system into Caesar’s ATM system to allow the electronic
`
`transfer of funds from a patron’s financial accounts to the casino’s systems. We also
`
`integrated a PIN pad that supported the DES-encryption standard as required by the
`
`financial institutions at the time.
`
`14.
`
`In 1995, I was promoted to Product Manager for Cashless Applications.
`
`In this role, I prepared business plans and strategies for implementing cashless
`
`gaming products, including IGT’s first smart-card based cashless gaming system
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`installed at the Monte Carlo Casino in Monaco. I also spent time evaluating casino-
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`related intellectual property, particularly patents, especially those pertaining to
`
`cashless gaming and progressive systems.
`
`15. At the end of 1996, I left IGT and continued as a consultant with Crevelt
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`Computer Systems, where I have since worked with many gaming equipment
`
`manufacturers on the design and development of casino gaming devices, including
`
`slots, video games, Keno and Bingo systems. I also have provided independent
`
`laboratory analysis of games for regulators in New South Wales, Australia and the
`
`state of Mississippi. Additionally, I have conducted mathematical analyses for
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`casino gaming devices.
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`16. From 1998-2013, Crevelt Computer System was a Partner in
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`FootTraffic Promotional Gaming LLC. As a Partner with FootTraffic Promotional
`
`Gaming LLC, I designed, developed, managed and marketed a series of promotional
`
`games for casinos, retailers and trade shows. These are free-play games that are
`
`designed to bring or attract patrons to the casino with an opportunity to win cash and
`
`prizes, including integration with player tracking/loyalty systems. These games
`
`have been very successful and several have been incorporated into permanent
`
`promotions at several casinos, including Peppermill Casino (Reno), Casino
`
`Fandango (Carson City), and Silver Legacy (Reno).
`
`17.
`
`I am the co-author of two books that relate to the casino gaming
`
`industry – Slot Machine Mania (1988) and Video Poker Mania!! (1991). Both of
`
`these books were still in publication more than 20 years after they were first
`
`published.
`
`18.
`
`I have been interviewed for numerous magazines, radio programs and
`
`television shows regarding gaming machines and the casino industry, including
`
`appearances on Secrets Revealed (a documentary on The Learning Channel, TLC)
`
`and High Rollers (a documentary on the Discovery Channel).
`
`19. Throughout my career, I have kept up to date with the latest
`
`developments in the casino industry by subscribing to casino-related trade
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`publications, attending casino gaming shows to review competitors’ products, and
`
`reviewing competitors’ and industry patents.
`
`20.
`
`I am an inventor on six United States Patents, all of which are related
`
`to the casino industry, namely wagering systems, player tracking, and electronic
`
`fund transfers (EFT) systems within the gaming environment. One of these patents
`
`(U.S. Patent No. 5,902,983, Exhibit E1023) – which I refer to in more detail below
`
`– is specifically directed to a gaming system which allows a player to transfer funds
`
`from a remote funds repository (e.g., a bank) via an electronic funds transfer system
`
`and convert transferred funds to plays on said gaming machine.
`
`21.
`
`I have been retained as an expert in various litigation and Inter Partes
`
`Review (“IPR”) matters regarding the hardware and software design and
`
`development of gaming machines and gaming systems, including player tracking
`
`systems, cashless systems, progressive systems and promotional systems. A list of
`
`cases I have been retained as an expert for is provided as Appendix B.
`
`22.
`
`I have also served as a consultant in various legal matters, as
`
`summarized in the same Appendix.
`
`III.
`
`INFORMATION RELIED UPON
`In addition to my general knowledge from education and experience in
`23.
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`this field, I have reviewed and considered, among other things: the ’708 Patent, the
`
`prosecution history of the ’708 Patent, the prior art of record, and the prior art
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`described in this Declaration. I have also researched and reviewed other prior art
`
`references that are relevant to the ’708 Patent.
`
`IV. SCOPE OF ASSIGNMENT AND MATERIALS REVIEWED
`I have been retained as an expert on behalf of Everi to provide
`24.
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`information and opinions to the Patent Trial and Appeal Board (“the Board”) to
`
`assist in its analysis of the patentability of the ’708 Patent in the above-captioned
`
`Inter Partes Review.
`
`25.
`
`I am being compensated at the rate of $400 an hour. My compensation
`
`does not depend on the substance of my opinions nor on the outcome of this
`
`proceeding.
`
`26.
`
`In formulating my opinions herein, I have relied upon my training,
`
`knowledge, and experience that are relevant to the ’708 Patent. Furthermore, I have
`
`specifically considered the following documents listed below in addition to any other
`
`documents cited in this declaration. I understand that the references are true and
`
`accurate copies of what they appear to be:
`
`Exhibit No. Description
`E1001
`Declaration of Dwight Crevelt
`E1002
`U.S. Patent No. 8,998,708
`E1003
`File History of U.S. Patent No. 8,998,708
`E1004
`U.S. Provisional Patent Application No.
`61/744,564
`U.S. Patent Application Publication No.
`2013/0073447 (“Smith”)
`
`E1005
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`14
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`EVERI EX. 1001
`Everi v. Sightline IPR2022-00696
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`

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`
`
`
`
`E1006
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`E1007
`
`E1008
`
`E1009
`E1010
`E1011
`E1012
`E1013
`E1014
`E1015
`E1016
`E1017
`E1018
`E1019
`E1020
`E1021
`E1022
`E1023
`E1024
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`E1025
`E1026
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`E1027
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`E1028
`E1029
`E1030
`E1031
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`Publication
`
`Application
`Patent
`U.S.
`No. 2008/0113776 (“Sommer”)
`Computerizing Chance: The Digitization of the
`Slot Machine (1960-1985)
`Casino Technology: Player Tracking and Slot
`Accounting systems
`U.S. Patent No. 5,179,517
`U.S. Patent No. 6,852,031
`U.S. Patent No. 5,326,104
`U.S. Patent No. 5,855,515
`U.S. Patent No. 6,547,131
`U.S. Patent No. 5,655,961
`Best of the Millennium Magazine
`Global Gaming Business Magazine
`U.S. Patent No. 5,371,345
`U.S. Patent No. 5,470,079
`U.S. Patent No. 5,265,874
`U.S. Patent No. 6,607,441
`U.S. Patent No. 5,038,022
`U.S. Patent No. 5,811,772
`U.S. Patent No. 5,902,983
`Casino Loyalty Programs within the Las Vegas
`Locals’ Market, Charles Andrew Baynes, Spring
`2011
`IGT’s SAS Protocol
`Casinos try again with ‘coinless’ slots, Las Vegas
`Sun article, March 10, 2000
`Description of Demand Deposit Account,
`Investopedia.com
`U.S. Patent No. 8,708,809
`File History of U.S. Patent No. 8,708,809
`Petitioner’s proposed claim constructions
`Patent Owner’s proposed claim constructions
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`15
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`EVERI EX. 1001
`Everi v. Sightline IPR2022-00696
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`V. LEGAL STANDARDS AND UNDERSTANDINGS APPLIED
`In connection with the opinions that I am offering herein, I am relying
`27.
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`upon the legal standards and understandings that Petitioner’s attorneys have
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`provided and/or explained to me, which I summarize below.
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`28.
`
`I understand that in an IPR proceeding, the Petitioner has the burden to
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`prove that the challenged claims are unpatentable by a preponderance of the
`
`evidence. I understand that a “preponderance of the evidence” means that a fact is
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`more likely than not to be true.
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`29.
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`I understand that the first step in analyzing the patentability of a claim
`
`over the prior art is to determine the claim’s meaning and scope from the perspective
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`of a person having ordinary skill in the art (“POSA”), i.e. what I understand is called
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`claim construction. Next, I understand that the claim as construed is compared to
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`the prior art, as described in more detail below.
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`30.
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`I understand that each claim must be analyzed from the perspective of
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`a POSA at the time of invention. Petitioner’s counsel has asked me to consider the
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`state of the art from the perspective of a POSA during the time period shortly before
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`September 28, 2012, which is the earliest claimed priority date listed on the face of
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`the ’708 Patent.
`
`31.
`
`I understand that several factors should be considered in det