Case 6:21-cv-00331-ADA Document 154 Filed 02/09/23 Page 1 of 7
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`IN THE UNITED STATES DISTRICT COURT
`FOR THE WESTERN DISTRICT OF TEXAS
`WACO DIVISION
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`IGT and IGT CANADA SOLUTIONS ULC,
`
`v.
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`ZYNGA INC.,
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`Plaintiffs,
`
`Defendant.
`
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`)
`)
`)
`)
`)
`)
`)
`)
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`C.A. No. 6:21-CV-00331-ADA
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`Judge: Honorable Alan D. Albright
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`PUBLIC VERSION
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`DECLARATION OF JENNIFER M. KURCZ IN SUPPORT OF
`IGT’S MOTIONS FOR SUMMARY JUDGMENT AND DAUBERT MOTIONS
`
`I, Jennifer M. Kurcz, hereby declare and state as follows:
`
`1.
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`I am an attorney at Baker & Hostetler LLP, counsel for Plaintiffs IGT and IGT
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`Canada Solutions ULC (together, “IGT”) in the above-captioned action. I am a member of the bar
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`of the State of Illinois and am admitted to practice before this Court. I have knowledge of the
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`following and, if called as a witness, could and would testify competently to the contents of this
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`declaration.
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`2.
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`I am submitting this Declaration in order to provide the Court with a complete set
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`of the exhibits that are cited in the following motions, which are being filed contemporaneously
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`with this Declaration: (1) Plaintiffs’ Motion for Partial Summary Judgment of No Invalidity Based
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`on Alleged System Prior Art, (2) Plaintiffs’ Motion for Partial Summary Judgment of No Invalidity
`
`Under § 112, (3) Plaintiffs’ Partial Motion to Exclude the Testimony of Mr. David Crane and
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`Strike Untimely Disclosed Facts Regarding Non-Infringing Alternatives, (4) Plaintiffs’ Motion to
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`Exclude or Strike Certain Testimony of Mr. Douglas G. Kidder, and (5) Plaintiffs’ Motion to
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`Exclude-In-Part Certain Opinions of Dr. Chatterjee Relying on an Unproduced Version of Diablo
`
`II (1.09) in Violation of Rule 37. The following exhibits are numbered consistently across these
`
`
`
`IN THE UNITED STATES DISTRICT COURT
`FOR THE WESTERN DISTRICT OF TEXAS
`WACO DIVISION
`
`IGT and IGT CANADA SOLUTIONS ULC,
`
`v.
`
`ZYNGA INC.,
`
`Plaintiffs,
`
`Defendant.
`
`)
`)
`)
`)
`)
`)
`)
`)
`)
`
`C.A. No. 6:21-CV-00331-ADA
`
`Judge: Honorable Alan D. Albright
`
`PUBLIC VERSION
`
`DECLARATION OF JENNIFER M. KURCZ IN SUPPORT OF
`IGT’S MOTIONS FOR SUMMARY JUDGMENT AND DAUBERT MOTIONS
`
`I, Jennifer M. Kurcz, hereby declare and state as follows:
`
`1.
`
`I am an attorney at Baker & Hostetler LLP, counsel for Plaintiffs IGT and IGT
`
`Canada Solutions ULC (together, “IGT”) in the above-captioned action. I am a member of the bar
`
`of the State of Illinois and am admitted to practice before this Court. I have knowledge of the
`
`following and, if called as a witness, could and would testify competently to the contents of this
`
`declaration.
`
`2.
`
`I am submitting this Declaration in order to provide the Court with a complete set
`
`of the exhibits that are cited in the following motions, which are being filed contemporaneously
`
`with this Declaration: (1) Plaintiffs’ Motion for Partial Summary Judgment of No Invalidity Based
`
`on Alleged System Prior Art, (2) Plaintiffs’ Motion for Partial Summary Judgment of No Invalidity
`
`Under § 112, (3) Plaintiffs’ Partial Motion to Exclude the Testimony of Mr. David Crane and
`
`Strike Untimely Disclosed Facts Regarding Non-Infringing Alternatives, (4) Plaintiffs’ Motion to
`
`Exclude or Strike Certain Testimony of Mr. Douglas G. Kidder, and (5) Plaintiffs’ Motion to
`
`Exclude-In-Part Certain Opinions of Dr. Chatterjee Relying on an Unproduced Version of Diablo
`
`II (1.09) in Violation of Rule 37. The following exhibits are numbered consistently across these
`
`
`
`Case 6:21-cv-00331-ADA Document 154 Filed 02/09/23 Page 2 of 7
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`
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`motions, and generally the exhibits are listed below in the order that they appear in the briefs (and
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`in the order that the briefs are listed above).
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`3.
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`Pursuant to the Court’s Amended Standing Order Regarding Filing Documents
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`Under Seal and Redacted Public Versions (signed March 7, 2022) (“Standing Order Regarding
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`Sealing”), and due to the number of confidential exhibits attached to this Declaration, this
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`Declaration and all of its exhibits are being provisionally filed under seal. This is being done for
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`the Court’s convenience—i.e., to provide the Court with a single set of unredacted exhibits that
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`are cited in the motions listed above. However, some of the exhibits attached hereto are
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`nonconfidential. Per the Standing Order Regarding Sealing, public versions of such exhibits will
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`be filed alongside redacted versions of certain other exhibits within seven days.
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`4.
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`Attached hereto as Exhibit 1 is a true and correct copy of Amended Exhibit F-6 to
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`Zynga’s Final Invalidity Contentions, served on Sept. 19, 2022.
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`5.
`
`Attached hereto as Exhibit 2 is a true and correct copy of the Expert Report of
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`Sandeep Chatterjee, Ph.D. Regarding Invalidity of US Patent No. 8,266,212, served Nov. 10, 2022.
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`6.
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`Attached hereto as Exhibit 3 is a true and correct copy of IGT’s Verified Second
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`Supplemental Objections and Responses to Zynga’s First Set of Interrogatories to IGT (Nos. 1–
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`17), served Jan. 5, 2023.
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`7.
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`Attached hereto as Exhibit 4 is a true and correct copy of the transcript of the
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`deposition of Sandeep Chatterjee, Ph.D., dated Jan. 13, 2023.
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`8.
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`Attached hereto as Exhibit 5 is a true and correct copy of the Expert Report of
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`David Crane Regarding Invalidity, served Nov. 10, 2022.
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`9.
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`Attached hereto as Exhibit 6 is a true and correct copy of the transcript of the
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`deposition of David Crane, dated Jan. 10, 2023.
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`Case 6:21-cv-00331-ADA Document 154 Filed 02/09/23 Page 3 of 7
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`10.
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`Attached hereto as Exhibit 7 is a true and correct copy of the Expert Report of Mr.
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`Stacy A. Friedman Regarding the Validity of U.S. Patent Nos. 8,795,064 and 9,159,189, dated
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`Dec. 22, 2022.
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`11.
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`Attached hereto as Exhibit 8 is a true and correct copy of the document produced
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`by Zynga bearing Bates number ZYNGA00010563.
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`12.
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`Attached hereto as Exhibit 9 is a true and correct copy of the document produced
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`by Zynga bearing Bates number ZYNGA00010560.
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`13.
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`Attached hereto as Exhibit 10 is a true and correct copy of the document produced
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`by Zynga bearing Bates number ZYNGA00010575.
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`14.
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`Attached hereto as Exhibit 11 is a true and correct copy of the document produced
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`by Zynga bearing Bates number ZYNGA00062839.
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`15.
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`Attached hereto as Exhibit 12 is a true and correct copy of the document produced
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`by Zynga bearing Bates number ZYNGA00011031.
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`16.
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`Attached hereto as Exhibit 13 is a true and correct copy of the document produced
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`by Zynga bearing Bates number ZYNGA00063240.
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`17.
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`Attached hereto as Exhibit 14 is a true and correct copy of a screen capture of the
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`webpage available at https://blizzard.gamespress.com/The-Gates-of-Hell-are-Open-Diablo-II-
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`Resurrected-Now-Live, last visited on Feb. 2, 2023.
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`18.
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`Attached hereto as Exhibit 15 is a true and correct copy of an email from Will
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`Melehani to Elizabeth Sneitzer et al., sent on Jan. 18, 2023.
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`19.
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`Attached hereto as Exhibit 16 is a true and correct copy of the Declaration of
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`
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`, dated July 11, 2022, which was produced with Bates number BLIZ-SRC000641.
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`Case 6:21-cv-00331-ADA Document 154 Filed 02/09/23 Page 4 of 7
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`20.
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`Attached hereto as Exhibit 17 is a true and correct copy of the document produced
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`by Zynga bearing Bates number ZYNGA00011192.
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`21.
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`Attached hereto as Exhibit 18 is a true and correct copy of a screen capture of the
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`webpage available at https://www.mobygames.com/, last visited on Feb. 2, 2023.
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`22.
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`Attached hereto as Exhibit 19 is a true and correct copy of a screen capture of the
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`webpage available at https://www.mobygames.com/game/hoyle-poker/release-info, last visited on
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`Feb. 2, 2023.
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`23.
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`Attached hereto as Exhibit 20 is a true and correct copy of a screen capture of the
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`webpage available at https://www.mobygames.com/user/sheet/userSheetId,14180/, last visited on
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`Feb. 2, 2023.
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`24.
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`Attached hereto as Exhibit 21 is a true and correct copy of a screen capture of the
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`webpage available at https://www.myabandonware.com/game/hoyle-poker-dk4, last visited on
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`Feb. 2, 2023.
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`25.
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`Attached hereto as Exhibit 22 is a true and correct copy of a screen capture of the
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`webpage available at https://www.old-games.com/download/10285/hoyle-poker, last visited on
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`Feb. 2, 2023.
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`26.
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`Attached hereto as Exhibit 23 is a true and correct, certified copy of U.S. Patent
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`No. 7,168,089 (“’089 Patent”), which IGT produced with Bates number IGT_0000045.
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`27.
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`Attached hereto as Exhibit 24 is a true and correct, certified copy of U.S. Patent
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`No. 8,266,212 (“’212 Patent”), which IGT produced with Bates number IGT_0000184.
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`28.
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`Attached hereto as Exhibit 25 is a true and correct copy of the cover pleading to
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`Defendant’s Final Invalidity Contentions, served Mar. 16, 2022.
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`Case 6:21-cv-00331-ADA Document 154 Filed 02/09/23 Page 5 of 7
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`29.
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`Attached hereto as Exhibit 26 is a true and correct copy of the Expert Report of Dr.
`
`Craig E. Wills Regarding Zynga’s Infringement of U.S. Patent Nos. 7,168,089 and 8,266,212,
`
`served Nov. 10, 2022.
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`30.
`
`Attached hereto as Exhibit 27 is a true and correct copy of the Rebuttal Expert
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`Report of Dr. Craig E. Wills Regarding the Validity of U.S. Patent Nos. 7,168,089 and 8,266,212,
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`served Dec. 22, 2022.
`
`31.
`
`Attached hereto as Exhibit 28 is a true and correct copy of the Order entered at
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`Docket No. 667 in the matter of Adaptix, Inc. v. Alcatel-Lucent USA, Inc., No. 6:12-CV-22, dated
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`Mar. 30, 2016.
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`32.
`
`Attached hereto as Exhibit 29 is a true and correct, certified copy of U.S. Patent
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`No. 9,159,189 (“’189 Patent”), which IGT produced with Bates number IGT_0000022.
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`33.
`
`Attached hereto as Exhibit 30 is a true and correct copy of the Expert Report of
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`Mr. Stacy A. Friedman Regarding Infringement of U.S. Patent Nos. 8,795,064 and 9,159,189,
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`served Nov. 10, 2022.
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`34.
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`Attached hereto as Exhibit 31 is a true and correct copy of IGT’s Second Set of
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`Interrogatories to Zynga (Nos. 15–17), served Mar. 2, 2022.
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`35.
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`Attached hereto as Exhibit 32 is a true and correct copy of Zynga’s Verified Second
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`Supplemental Response to IGT’s Second Set of Interrogatories (Nos. 15-17), served Oct. 19, 2022.
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`36.
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`Attached hereto as Exhibit 33 is a true and correct copy of IGT’s Notice of
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`Deposition of Defendant Zynga, Inc. Under Fed. R. Civ. P. 30(b)(6), served June 21, 2022.
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`37.
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`Attached hereto as Exhibit 34 is a true and correct copy of the transcript of the
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`deposition of Benjamin Hall, dated Sept. 1, 2022.
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`Case 6:21-cv-00331-ADA Document 154 Filed 02/09/23 Page 6 of 7
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`38.
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`Attached hereto as Exhibit 35 is a true and correct copy of the Expert Report of
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`Keith R. Ugone, Ph.D., dated Nov. 10, 2022.
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`39.
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`Attached hereto as Exhibit 36 is a true and correct copy of Appendix A to the
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`Expert Report of Keith R. Ugone, Ph.D., dated Nov. 10, 2022.
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`40.
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`Attached hereto as Exhibit 37 is a true and correct copy of the Expert Report of
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`David Crane Regarding Non-Infringement, dated Dec. 22, 2022.
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`41.
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`Attached hereto as Exhibit 38 is a true and correct copy of the transcript of the
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`deposition of David Crane, dated Jan. 12, 2022.
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`42.
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`Attached hereto as Exhibit 39 is a true and correct copy of the Expert Report of
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`Douglas Kidder Regarding Damages, served Dec. 22, 2022.
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`43.
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`Attached hereto as Exhibit 40 is a true and correct copy of an email from Alyssa
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`Caridis to Jennifer Kurcz et al., sent on Aug. 19, 2022.
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`44.
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`Attached hereto as Exhibit 41 is a true and correct copy of the transcript of the
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`deposition of Robert Terrell, dated Aug. 23, 2022.
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`45.
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`Attached hereto as Exhibit 42 is a true and correct, certified copy of U.S. Patent
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`No. 8,795,064 (“’064 Patent”), which IGT produced with Bates number IGT_0000123.
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`46.
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`Attached hereto as Exhibit 43 is a true and correct copy of the transcript of the
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`deposition of Douglas Kidder, dated Jan. 12, 2022.
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`47.
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`Attached hereto as Exhibit 44 is a true and correct copy of Exhibit 1405 to the
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`deposition of Douglas Kidder, dated Jan. 12, 2022.
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`48.
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`Attached hereto as Exhibit 45 is a true and correct copy of IGT’s First Set of
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`Requests for Production to Zynga (Nos. 1–44), served Jan. 8, 2022.
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`Case 6:21-cv-00331-ADA Document 154 Filed 02/09/23 Page 7 of 7
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`49.
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`Attached hereto as Exhibit 46 is a true and correct copy of Zynga’s Response to
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`IGT’s First Set of Requests for Production (Nos. 1–44), served Feb. 7, 2022.
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`50.
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`Attached hereto as Exhibit 47 is a true and correct copy of a letter sent from Isaac
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`Behnawa to Scott Skiles, dated Aug. 17, 2022, enclosing a physical CD exhibit that Zynga
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`designated ZYNGA_PX0001.
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`51.
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`Attached hereto as Exhibit 48 is a true and correct copy of a photo of the Play Disk
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`included in ZYNGA_PX0001.
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`52.
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`Attached hereto as Exhibit 49 is a true and correct copy of the Declaration of
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`Elizabeth N. Sneitzer in Support of Plaintiff’s Motion to Exclude-In-Part Certain Opinions of Dr.
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`Chatterjee, dated Feb. 2, 2023.
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`53.
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`Attached hereto as Exhibit 50 is a true and correct copy of a screenshot showing
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`the root directory of the contents of the Play Disk included in ZYNGA_PX0001.
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`I declare under penalty of perjury that the foregoing is true and correct to the best of my
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`knowledge.
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`Dated: February 2, 2023
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`By: /s/ Jennifer M. Kurcz
` Jennifer M. Kurcz
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