Case 6:21-cv-00331-ADA Document 42 Filed 12/22/21 Page 1 of 10
`
`IN THE UNITED STATES DISTRICT COURT
`FOR THE WESTERN DISTRICT OF TEXAS
`WACO DIVISION
`
`) ) ) ) ) ) ) ) )
`
`
`
`C.A. No. 6:21-CV-00331-ADA
`
`Judge: Honorable Alan D. Albright
`
`JURY TRIAL DEMANDED
`
`
`
`IGT and IGT CANADA SOLUTIONS ULC,
`
`
`Plaintiffs,
`
`
`v.
`
`ZYNGA INC.,
`
`
`Defendant.
`
`JOINT CLAIM CONSTRUCTION STATEMENT
`
`Pursuant to the Scheduling Order (Dkt. 21 at 3) as modified by the parties’ Joint Notice of
`
`Agreed Extension of Deadlines (Dkt. 38), Plaintiffs IGT and IGT Canada Solutions ULC
`
`(collectively, “IGT”) and Defendant Zynga Inc. (“Zynga”) (together, the “Parties”) hereby submit
`
`this Joint Claim Construction Statement. This Statement is organized into two charts that begin
`
`on the following page. The first chart sets forth the constructions that are agreed, while the second
`
`chart sets forth the constructions that are disputed. All of the terms shown in the second chart were
`
`proposed for construction by Zynga. For the Court’s convenience, the Parties also provide the
`
`following listing of the Parties’ claim construction briefing and exhibits:
`
`• Dkt. 25: Zynga’s Opening Claim Construction Brief
`
`• Dkt. 27: Exhibits 1–31 to Zynga’s Opening Claim Construction Brief, including the
`
`Declaration of Dr. Goodrich (Ex. 8) in support of Dkt. 25
`
`• Dkt. 33: IGT’s Responsive Claim Construction Brief (with Exhibits A–Z)
`
`• Dkt. 34: Declaration of Dr. Wills in Support of Dkt. 33 (with Exhibits 1–4)
`
`• Dkt. 39: Zynga’s Reply Claim Construction Brief (with Exhibits 32–35), including the
`
`Declaration of Dr. Goodrich (Ex. 33) in support of Dkt. 39
`
`
`
`
`
`
`
`IN THE UNITED STATES DISTRICT COURT
`FOR THE WESTERN DISTRICT OF TEXAS
`WACO DIVISION
`
`) ) ) ) ) ) ) ) )
`
`
`
`C.A. No. 6:21-CV-00331-ADA
`
`Judge: Honorable Alan D. Albright
`
`JURY TRIAL DEMANDED
`
`
`
`IGT and IGT CANADA SOLUTIONS ULC,
`
`
`Plaintiffs,
`
`
`v.
`
`ZYNGA INC.,
`
`
`Defendant.
`
`JOINT CLAIM CONSTRUCTION STATEMENT
`
`Pursuant to the Scheduling Order (Dkt. 21 at 3) as modified by the parties’ Joint Notice of
`
`Agreed Extension of Deadlines (Dkt. 38), Plaintiffs IGT and IGT Canada Solutions ULC
`
`(collectively, “IGT”) and Defendant Zynga Inc. (“Zynga”) (together, the “Parties”) hereby submit
`
`this Joint Claim Construction Statement. This Statement is organized into two charts that begin
`
`on the following page. The first chart sets forth the constructions that are agreed, while the second
`
`chart sets forth the constructions that are disputed. All of the terms shown in the second chart were
`
`proposed for construction by Zynga. For the Court’s convenience, the Parties also provide the
`
`following listing of the Parties’ claim construction briefing and exhibits:
`
`• Dkt. 25: Zynga’s Opening Claim Construction Brief
`
`• Dkt. 27: Exhibits 1–31 to Zynga’s Opening Claim Construction Brief, including the
`
`Declaration of Dr. Goodrich (Ex. 8) in support of Dkt. 25
`
`• Dkt. 33: IGT’s Responsive Claim Construction Brief (with Exhibits A–Z)
`
`• Dkt. 34: Declaration of Dr. Wills in Support of Dkt. 33 (with Exhibits 1–4)
`
`• Dkt. 39: Zynga’s Reply Claim Construction Brief (with Exhibits 32–35), including the
`
`Declaration of Dr. Goodrich (Ex. 33) in support of Dkt. 39
`
`
`
`
`
`
`
`Case 6:21-cv-00331-ADA Document 42 Filed 12/22/21 Page 2 of 10
`
`• Dkt. 40: IGT’s Sur-reply Claim Construction Brief (with Exhibit AA)
`
`• Dkt. 41: Declaration of Dr. Wills in Support of Dkt. 40
`
`Additionally, the Parties state that, although this lawsuit involves six asserted patents, only
`
`the first five asserted patents listed below are at-issue in this claim construction proceeding:
`
`• U.S. Patent No. 7,168,089 (“’089 Patent”) (available at Dkt. 27-2, Zynga Ex. 2)
`
`• U.S. Patent No. 7,303,473 (“’473 Patent”) (available at Dkt. 27-3, Zynga Ex. 3)
`
`• U.S. Patent No. 8,266,212 (“’212 Patent”) (available at Dkt. 27-4, Zynga Ex. 4)
`
`• U.S. Patent No. 8,708,791 (“’791 Patent”) (available at Dkt. 27-5, Zynga Ex. 5)
`
`• U.S. Patent No. 9,159,189 (“’189 Patent”) (available at Dkt. 27-6, Zynga Ex. 6)
`
`• U.S. Patent No. 8,795,064 (“’064 Patent”) (available at Dkt. 1-5, IGT Compl. Ex. E)
`
`I.
`
`AGREED CONSTRUCTIONS
`
`A.
`
`’212 Patent
`
`# Terms
`
`Claim(s)
`
`Agreed Constructions
`
`1 “gaining machine”
`
`31, 35
`
`“gaming machine”
`
`2 “call hack”
`
`36
`
`“call back”
`
`3 “accepting the subscription
`request”
`
`24, 31
`
`Plain and ordinary meaning
`
`4 “call backs”
`
`24, 31
`
`Plain and ordinary meaning
`
`
`
`2
`
`
`
`Case 6:21-cv-00331-ADA Document 42 Filed 12/22/21 Page 3 of 10
`
`B.
`
`’473 Patent
`
`# Terms
`
`Claim(s)
`
`Agreed Constructions
`
`1, 9, 16, 22, 27, 29
`
`Plain and ordinary meaning
`
`1 “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)
`
`
`
`C.
`
`’064 Patent
`
`# Terms
`
`Claim(s)
`
`Agreed Constructions
`
`1 “processor”
`
`2 “plurality of instructions”
`
`9
`
`9
`
`Plain and ordinary meaning
`
`Plain and ordinary meaning
`
`3
`
`
`
`Case 6:21-cv-00331-ADA Document 42 Filed 12/22/21 Page 4 of 10
`
`# Terms
`
`Claim(s)
`
`Agreed Constructions
`
`3 “track information
`associated with the
`identified player”
`
`4 “determine, based at least
`in part on the [first/second]
`set of tracked information,
`a [first/second] message”
`
`5 “output device”
`
`6 “data network”
`
`
`
`
`
`9
`
`9
`
`9
`
`17
`
`Plain and ordinary meaning
`
`Plain and ordinary meaning
`
`Plain and ordinary meaning
`
`Plain and ordinary meaning
`
`4
`
`
`
`Case 6:21-cv-00331-ADA Document 42 Filed 12/22/21 Page 5 of 10
`
`II.
`
`DISPUTED CONSTRUCTIONS
`
`A.
`
`’089 Patent
`
`# Terms
`
`Claims
`
`IGT’s Proposed Constructions Zynga’s Proposed Constructions
`
`1 “software authorization agent” 1, 13, 21, 22, 28,
`41, 42, 52, 65-
`67, 73, 76, 84-
`88, 94, 103-123,
`126
`
`No construction necessary (plain
`and ordinary meaning).
`
`“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”
`
`2 “gaming software”
`
`3 “gaming machine”
`
`1, 4, 6-10, 12,
`14-16, 18-20,
`23-28, 31-33, 36,
`37, 39, 40, 43-
`45, 47-59, 61-68,
`70, 71, 73-76,
`79-86, 89, 91,
`92, 94, 97-107,
`110, 111, 119-
`124, 134-136
`1, 3, 28, 29, 38-
`40, 52, 58, 59,
`65, 78, 79, 82-
`84, 95, 96, 98,
`101-103, 112,
`113, 115, 123,
`130, 132
`
`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]1 data”
`
`No construction necessary (plain
`and ordinary meaning).
`
`“a special purpose machine like a slot
`machine, not a general purpose
`computer”
`
`
`1 This “stand-alone” qualifier is shown in brackets because Zynga added it to its construction in its Reply brief. See Dkt. 39 at 2 n.2.
`
`5
`
`
`
`Case 6:21-cv-00331-ADA Document 42 Filed 12/22/21 Page 6 of 10
`
`B.
`
`’473 Patent
`
`# Terms
`
`Claims
`
`IGT’s Proposed Constructions Zynga’s Proposed Constructions
`
`1 “website server”
`
`1, 6, 9-21, 32, 36 No construction necessary (plain
`and ordinary meaning).
`
`2 “first gaming server”
`
`1-3, 8, 9, 16, 31 No construction necessary (plain
`and ordinary meaning).
`
`3 “second gaming server”
`
`1, 8, 9, 16, 31
`
`No construction necessary (plain
`and ordinary meaning).
`
`“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”
`
`For claim 36: “a server that provides
`websites to other devices wherein said
`server is a separate device from the
`gaming 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”
`
`6
`
`
`
`Case 6:21-cv-00331-ADA Document 42 Filed 12/22/21 Page 7 of 10
`
`C.
`
`’212 Patent
`
`# Terms
`
`Claim(s)
`
`IGT’s Proposed Constructions Zynga’s Proposed Constructions
`
`1 “publishing”
`
`24
`
`No construction necessary (plain
`and ordinary meaning).
`
`“communicating information on a
`specific topic to one or more subscribers
`without needing to know any
`subscriber’s identity”
`
`2 “high-level function”
`
`1-6, 10, 22-24,
`27-31, 34-37
`
`Definite—i.e., [“a function that
`may be used or consumed by
`devices from more than one
`vendor”]2
`
`Indefinite
`
`3 “node”
`
`1, 8, 9, 11, 12,
`14-21, 24-26, 28,
`30-33, 35-37
`
`No construction necessary (plain
`and ordinary meaning).
`
`“a device that is connected as part of a
`computer network”
`
`D.
`
`’791 Patent
`
`# Term
`
`Claim
`
`IGT’s Proposed Construction Zynga’s Proposed Construction
`
`1 “determine instances of
`probable collusion between
`players”
`
`1
`
`No construction necessary (plain
`and ordinary meaning).
`
`“determining instances of likely unfair
`collaboration between human
`participants in a game”
`
`
`2 This construction is shown in brackets because IGT first proposed a construction for this term in its Responsive Claim Construction
`Brief. Dkt. 33 at 24.
`
`7
`
`
`
`Case 6:21-cv-00331-ADA Document 42 Filed 12/22/21 Page 8 of 10
`
`E.
`
`’189 Patent
`
`# Term
`
`Claims
`
`IGT’s Proposed Construction Zynga’s Proposed Construction
`
`1 “establishing” and “re-
`established” “communications
`link”
`
`1, 10
`
`No construction necessary (plain
`and ordinary meaning).
`
`“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”
`
`8
`
`
`
`Case 6:21-cv-00331-ADA Document 42 Filed 12/22/21 Page 9 of 10
`
`Dated: December 22, 2021
`
`Respectfully submitted,
`
`
`
`
`
`By:
`
` /s/ Daniel J. Goettle
`Deron R. Dacus
`State Bar No. 00790553
`The Dacus Firm, P.C.
`821 ESE Loop 323
`Suite 430
`Tyler, TX 75701
`Telephone: 903-705-1117
`Facsimile: 903-581-2543
`ddacus@dacusfirm.com
`
`
`Leif R. Sigmond Jr.
`Illinois State Registration No. 6204980
`Baker & Hostetler LLP
`One North Wacker Drive
`Suite 4500
`Chicago, IL 60606-2841
`Telephone: 312-416-6275
`Facsimile: 312-416-6201
`LSigmond@bakerlaw.com
`
`Daniel J. Goettle
`Pennsylvania State Registration No.
`85046
`Baker & Hostetler LLP
`2929 Arch Street
`Cira Centre, 12th Floor
`Philadelphia, PA 19104
`Telephone: 215-564-8974
`Facsimile: 215-568-3439
`DGoettle@bakerlaw.com
`
`Attorneys for IGT and IGT Canada
`Solutions ULC
`
`By: /s/ Clement Seth Roberts
`
`STECKLER WAYNE COCHRAN
`CHERRY, PLLC
`Mark D. Siegmund, Tx. Bar No. 24117055
`8416 Old McGregor Road.
`Waco, Texas 76712
`mark@swclaw.com
`Telephone: 254-651-3690
`Facsimile: 972-387-4041
`
`
`
`ORRICK, HERRINGTON &
`SUTCLIFFE LLP
`Clement Seth Roberts, Bar No. 209203
`(Pro Hac Vice)
`croberts@orrick.com
`Robert L. Uriarte, Bar No. 258274
`ruriarte@orrick.com (Pro Hac Vice)
`Li Shen, Bar No. 307896 (Pro Hac Vice)
`lshen@orrick.com
`Kristina McKenna, Bar No. 706245
`kmckenna@orrick.com
`
`The Orrick Building
`405 Howard Street
`San Francisco, CA 94105-2669
`Telephone: +1 415 773 5700
`Facsimile: +1 415 773 5759
`
`1000 Marsh Road
`Menlo Park, CA 94025
`Telephone: +1 650 614 7400
`Facsimile: +1 650 614 7401
`
`Attorneys for Defendant
`Zynga Inc.
`
`
`
`
`
`
`
`
`
`
`
`
`
`
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`Case 6:21-cv-00331-ADA Document 42 Filed 12/22/21 Page 10 of 10
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`CERTIFICATE OF SERVICE
`
`The undersigned attorney hereby certifies that all counsel of record who are deemed to
`
`
`
`have consented to electronic service are being served with a copy of this document via the Court’s
`
`CM/ECF system on December 22, 2021.
`
` /s/ Daniel J. Goettle
`Attorney for IGT and IGT Canada Solutions ULC
`
`
`
`
`
`
`
`
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