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Activision Blizzard, Inc. v. Game and Technology Co. Ltd.

Docket IPR2018-00157, Patent Trial and Appeal Board (Nov. 6, 2017)
Daniel Galligan, Scott Howard, Stacey White, presiding
Case TypeInter Partes Review
Patent
7682243
Patent Owner Game and Technology Co. Ltd.
Petitioner Activision Blizzard, Inc.
Patent Owner Technology
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Wargaming Group Limited v. GAT

Docket IPR2017-01082, Patent Trial and Appeal Board (Mar. 13, 2017)
Barbara Benoit, Daniel Galligan, Scott Howard, Stacey White, presiding
Case TypeInter Partes Review
Patent
7682243
Patent Owner GAT
Petitioner Wargaming Group Limited
Petitioner Activision Blizzard
...
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Activision Blizzard, Inc. v. Game and Technology Co., Ltd.

Docket IPR2016-01918, Patent Trial and Appeal Board (Sept. 30, 2016)
Barbara Benoit, Daniel Galligan, Jennifer Bisk, Jessica Kaiser, Michael Zecher, Stacey White, presiding
Case TypeInter Partes Review
Patent
7682243
Petitioner Activision Blizzard, Inc.
Patent Owner Game and Technology Co., Ltd.
Assignee NHN CORP
...
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12 Termination Decision Document: Termination Decision Document

Document IPR2018-00157, No. 12 Termination Decision Document - Termination Decision Document (P.T.A.B. May. 3, 2018)
Petitioner contends a person of ordinary skill in the art “would have been motivated to do so because Levine expressly teaches the application of D&D rules to Massively Multiplayer Online Games.” Pet. 13 (citing Ex. 1004 ¶ 14; Ex. 1003 ¶ 105).
Petitioner additionally asserts “Levine teaches an interactive online game where players manipulate and control objects through their Avatars.” Pet. 32 (citing Ex. 1004 ¶¶ 14, 571 683, Figs. 45, 46; Ex. 1003 ¶ 141); see, e.g., Ex. 1004 ¶ 571 (disclosing that a “bicycling Avatar pedals here and there”).
On the current record, we determine Petitioner’s analysis explaining that this subject matter would have been obvious based on Levine’s disclosure of an “application database” in combination with D&D Handbook’s teachings of character and unit abilities is sufficient for institution.
We also are persuaded Petitioner has shown, sufficiently for purposes of institution, that the combination of Levine and D&D Handbook teaches “searching for unit identifier information” and “searching for sync point information” as part of the ability updating process.
is filing this petition and joinder motion to ensure that a petitioner remains to complete the trial in the event that Wargaming reaches a settlement with the Patent Owner or is otherwise terminated from the proceeding.
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65 Termination Decision Document: FINAL WRITTEN DECISION35 USC § 318a

Document IPR2017-01082, No. 65 Termination Decision Document - FINAL WRITTEN DECISION35 USC § 318a (P.T.A.B. Sep. 7, 2018)
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.
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64 Hearing Transcript: Hearing Transcript

Document IPR2017-01082, No. 64 Hearing Transcript - Hearing Transcript (P.T.A.B. Aug. 14, 2018)

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58 Order: ORDER Amending Oral Hearing Order 37 CFR § 4270

Document IPR2017-01082, No. 58 Order - ORDER Amending Oral Hearing Order 37 CFR § 4270 (P.T.A.B. Jun. 19, 2018)

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57 Order: Trial Hearing37 CFR sec 4270

Document IPR2017-01082, No. 57 Order - Trial Hearing37 CFR sec 4270 (P.T.A.B. Jun. 15, 2018)

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