Petitioner, in its reply to the Preliminary Response, “denies that Wargaming.net LLP was served in the manner described by Mr. Talbot,” and it submits a declaration of Mr. Costas A. Joannou (Ex. 1017), the individual upon whom Patent Owner alleges service of the complaint was made.
The Federal Circuit, however, has also stated that “the PTO is under no obligation to accept a claim construction proffered as a prosecution history disclaimer, which generally only binds the patent owner.” Tempo Lighting, Inc. v. Tivoli, LLC, 742 F.3d 973, 978 (Fed. Cir. 2014).
Thus, implementing the teachings of D&D Handbook in an online game platform as taught by Levine would result in the familiar being “a virtual object controlled by the player.” See PO Resp. 13 (“With the advent of computing, the tabletop world of D&D naturally morphed into electronic form.”).
Patent Owner argues that changing the ratio by which the familiar’s hit points increase “would be outside the rules of the game” and “would have materially altered the well-defined and long standing role of the Sorcerer (or Wizard) and its familiar in a way that is entirely inconsistent with the venerable context of D&D and the RPG genre.” PO Resp. 69 (citing Ex. 2032 ¶¶ 174–175).
For a teaching of the claimed “sync point” ratios, Petitioner cites the following disclosure in the MOO Strategy Guide: Fighter Ace Increases beam weapon damage and Ship Defense for every vessel in the assigned ship’s fleet by 5 percent per experience level.