United States District Court For The Northern District Of California. Plaintiffs,

Transcription

1 ~ ~ ~J "' l e PILLSBURY, MADISON & SUTRO Robert P. Taylor Bulb Street Mailin Addrea r P.O. Box 0 San Franeiaeo, CA 0 Telephone: () -00 NEUMAN, WILLIAMS, ANDERSON & OLSON Theodore W. Anderson James T. Williams West Washington Street Chieaqo, IL 00 Telephone: () -00 Attorneys for Plaintiffs The Maqnavox Company and Sanders Associates, Inc. MAY 1.,_ ey AI... ou : United States District Court For The Northern District Of California THE MAGNAVOX COMPANY, a corporation, ) and SANDERS ASSOCIATES, INC., a corporation, ) ) Plaintiffs, ) ) v. ) ACTIVISION, INC., a corporation, ) ) Defendant. ) ) No. C 0 JPV PLAINTIFFS' SUPPLEMENTAL RESPONSE TO DEFENDANT'S INTERROGATORIES Plaintiffs herewith supplement their responses to defendant's interrogatories -, -1,,, -, -, 1-~1, 1,,,, -, and 1-1. This supplementation is without waiver of any of the objections stated in plaintiff's initial responses to those interrogatories in "Plaintiffs' Response To Defendant's First Set of Interrogatories APPENDIX A PLAINTIFFS' SUPPLEMENTAL RESPONSE TO DEFENDANT'S INTERROGATORIES

2 . l RESPONSE: Y # INTERROGATORY NO. If the answer to INTERROGATORY NO. 1 is other than an unqualified neqative, set forth in detail the reason(s) for such belief. RESPONSE : During the prosecution of U. S. Patent,,, Examiner Trafton had clearly indicated his knowledge of the application which ~esulted in U. S. Patent,,0; such applications were cited to him durinq the examination of the application leading to U.S. Patent.0. See plaintiffs response to at least interrogatories 1- and 1. INTERROGATORY NO. 1 For each combination of the qames identified in response to Interrogatory No. of Defendant's First Set of Interrogatories to Plaintiffs (namely, "Fishing Derby'', "Boxing", "Tennis" and "Ice Hockey") and the consoles identified in response to Interrogatory No. SO of DEFENDANT'S FIRST SET OF INTERROGATORIES TO PLAINTIFFS (namely, the Atari VCS Model 00, the Sears Tele-Game Video Arcade, and the combination of the Colecovision game console and the Expansion Module 1) which plaintiffs contend constitutes an infringement of Claim of the ( -- PLAINTIFFS' SUPPLEMENTAL RESPONSE TO DEFENDANT'S INTERROGATORIES

3 0. l ( United States Patent Re.,0, identify the elements which plaintiffs contend correspond to the followinq elements of the claim: A. A hittinq symbol; B. Means for qeneratinq a hittinq symbol; C. A hit symbol; 0. Means for qeneratinq a hit symbol; E. Coincidence between said hittinq symbol and said hit symbol; F. Means for ascertaining coincidence between said hitting symbol and said hit symbol; C. A dis~inct motion imparted to said hit symbol upon coincidence; and H. Means for impartinq a distinct motion to said hit RESPONSE : symbol upon coincidence. Plaintiffs are at this t i me unable to supply all the information requested in Interrogatory 1. Plaintiffs have not comp l eted their discovery as to the television game cartridges manufactured, used, and/ or sold by Activision, and the television game consoles with which those cartridqes are used, and are thus unable to fully state what contentions they will make at trial as to the subject matter of this interrogatory. this interroqatory as premature. -- Plaintiffs object to PLAINTIFFS' SUPPLEMENTAL RESPONSE TO DEFENDANT'S INTERROGATORIES

4 However, in order to advance the proqress of this action, plaintiffs further respond to interroqatory 1 as follows while reservinq the riqht to alter, amend, supplement or chanqe the response after discovery is completed and prior to trial. Each response refers to the combination of the indicated Activision television qame cartridqe and the Atari VCS Model 00, the Sears Tele-Came Video Arcade, the Colecovision game console with the Coleco Expansion Module l, or the Coleco Gemini television game console. A. Tennis: The player symbols under control of the human players. Ice Hockey: The player symbols. Boxinq: The boxer symbol under control of the human player. Fishinq Derby: The end of the fishing line symbols. B. Tennis, Ice Hockey, Boxing and Fishing Derby: At least the Activision television qame cartridge, the joystick, the microprocessor, the peripheral interface adapter, and the television interface adapter. C. Tennis: The ball symbql. Ice Hockey: The puck symbol. Boxing: The boxer symbol under control of the qame. Fishing Derby: The fish symbols. ( -- PLAINTIFFS' SUPPLEMENTAL RESPONSE TO DEFENDANT'S INTERROGATORIES

5 D. E. F. G. Tennis. Ice Bockey,!oxinq and Fiahinq Derby: least the Activiaion television qame cartridge, the television interface adapter, and the microprocessor. Tennis: The coincidence between the human controlled player symbol and the ball symbol by which the player hits the ball. Ice Hockey: The coincidence between the player symbol and the puck symbol by which the player intercepts the puck. Boxing: The coincidence between the human con~rolled boxer symbol and the game controlled boxer symbol by which the human controlled boxer hits the game controlled boxer. Fishing Derby: The coincidence between the fishing line symbol and the fish symbols by which the fish are caught. Tennis, Ice Hockey, Boxing and Fishing Derby: least the Activision television game cartridge, the microprocessor, and perhaps the television interface &dapter. Tennis : The motion of the ball symbol following coincidence with the human controlled player symbol. Ice Hockey: The motion of the puck symbol following coincidence with player symbol. -- At At PLAINTIFFS' SUPPLEMENTAL RESPONSE TO DEFENDANT ' S INTERROGATORIES

6 .. ( Boxinq: The motion of the qame controlled boxer ymbol followinq coincidence with the human controlled boxer symbol. Fishinq Derby: The motion of the fish symbol followinq coincidence with the fiahinq line symbol. H. Tennis, Ice Hockey, Boxinq and Fishinq Derby: At INTERROGATORY NO. least the Activision qame television cartridqe and the microprocesor. For each combination of the games identified in response to Interrogatory No. of Defendant ' s First Set of Interrogatories to Plaintiffs (namely, "Fishing Derby", "Boxinq", "Tennis" and "Ice Hockey") and the consoles identified in response to Interroqatory No. SO of Defendant's First Set Of Interroqatories To Plaintiffs (namely, the Atari VCS Model 00, the Sears Tele-Game Video Arcade, and the combination of the Colecovision qame console and the Expansion Module l) which plaintiffs contend constitutes an infringement of Claim of the United States Patent Re.,0, identify the elements which plaintiffs contend correspond to the following elements of the claim: A. A variation in the horizontal position of the hittinq symbol; B. A variation in the vertical position of the hitting symbol; and -0- PLAINTIFFS' SUPPLEMENTAL RESPONSE TO DEFENDANT'S INTERROGATORIES

7 .. 1 ~ c. Means for providin; horizontal and vertical control RESPONSE: aiqnala for varyin; the horizontal and vertical positions of said hittinq symbol. Plaintiffs are at this time unable to supply all the information requested in Interroqatory. Plaintiffs have not completed their discovery as to the television game cartridges manufactured, used, and/or sold by Activision, and the television game consoles with which those cartridges are used, and are thus unable to fully state what contentions they will make at trial as to the subject matter of this interrogatory. this interrogatory as premature. Plaintiffs object to However, in order to advance the progress of this action, plaintiffs further respond to interrogatory as follows while reserving the right to alter, amend, supplement or change the response after discovery is completed and prior to trial. Each response refers to the combination of the indicated Activision television game cartridge and the Atari VCS Model 00, the Sears Tele-Game Video Arcade, the Colecovision game console with the Coleco Expansion Module 1, or the Co l eco Gemini television qame console. A. Tennis : The player symbols under control of the human player may be moved horizontally. Ice Hockey: horizontally. The player symbols may be moved -1- PLAINTIFFS' SUPPLEMENTAL RESPONSE TO DEFENDANT'S INTERROGATORIES

8 l B. c. Boxinq: The boxer ymbol under human control may be moved horizontally. Fishinq Derby: The end of the fishinq line symbols may be moved horizontally. Tennis : The player symbols under control of the human player may be moved vertically. Ice Hockey: The player symbols may be moved vertically. Boxinq: The boxer symbol under control of the human player may be moved vertically. Fi shing Derby: The end of the fishinq line s ymbol may be moved verti cal l y. Tenni s, Ice Hockey, Boxing and Fi shing Derby: At least the Activision game cartridge, the joystick, the microprocessor, and t he peripheral interf~ce adapter. 1 INTERROGATORY NO. 1 1 For each combination of the games i dentified in response 0 to Interrogatory No. of Defendant's First Set of 1 Interroqatorie to Plaintiffs (namely, "Fi shing Derby", "Boxing", "Tennis" and "Ice Hockey") and the consol es identified in response to Interroqatory No. SO of Defendant' s First Set Of Interrogatories To Plaintiffs (namely, the Atari VCS Model 00, the Sears Tele-Game Video Arcade, and the combination of the Colecovision game console and the Expansion Module 1) which -- PLAINTIFFS' SUPPLEMENTAL RESPONSE TO DEFENDANT'S INTERROGATORIES

9 .... ( l RESPONSE: Plaintiffs are at this time unable to supply the inforaation requested in interroqatory. Plaintiffs have not completed their discovery as to the television qame cartridqes manufactured, used, and/or aold by Act1v1s1on, and the television qame consoles ~ith ~hich those cartridges are used, and are thus unable to respond to this interrogatory. this interroqatory as premature. INTERROGATORY NO. 0 Plaintiffs object to l;. For each combination of the games identified in response to Interrogatory No. of Defendant's First Set of Interrogatories to Plainti ffs (namely, "Fishing Derby", "Boxing", "Tennis" and "Ice Hockey") and the consoles identified in response to Interrogatory No. 0 of Defendant's Fi rst Set Of Interrogatories To Plaintiffs (namely, the Atari VCS Model 00, the Sears Tele-Game Video Arcade, and the combination of the Colecovision game console and the Expansion Module l) which plaintiffs contend constitutes an infringement of Claim 1 of t he United States Patent Re., 0, identify the e l ements ~hich pl aintiffs contend correspond to the fol l owing elements of the claim: A. A hitting aymbol ; B. Means for generating a hitting symbol; C. A hit symbol; D. Means for generating a hit symbol ; -- PLAINTIFFS' SUPPLEMENTAL RESPONSE TO DEFENDANT ' S INTERROGATORIES.

10 E. r. G. H. Coincidence between aaid hitt1n 1ymbol and said hit symbol; Means for a1certainin coincidence between said hitting symbol and said hit 1ymbol; A distinct motion imparted to aid hit symbol upon coincidence: and Means!or impartinq a distinct motion to said hit symbol upon coincidence. RESPONSE : Plaintiffs are at this time unable to supply all the informa~ion requested in interrogatory 0. Plaintiffs have not completed their discovery as to the television game cartridges manufactured, used, and/ or sold by Activision, and the television qame consoles with which those cartridges are used, and are thus unable to fully state what contentions they will make at trial as to the subject matter of this interrogatory. Plaintiffs object to 1 this interrogatory as premature. 1 However, in order to advance the progress of this 0 action, plaintiffs further respond to interrogatory 0 as follows 1 while reservinq the right to alter, amend, supplement or chanqe the response after discovery is completed and prior to trial. Each response refers to the combination of the indicated Activision television game cartridge and the Atari VCS Model 00, -- PLAINTIFFS' SUPPLEMENTAL RESPONSE TO DEFENDANT ' S INTERROGATORIES

11 ( -.- l ll Cl 1 the sear Tele Game Video Arcade, the Coleco-~lion vame conaole vith the Coleco Expansion Module 1, or the Coleco Gemini televi ion qame console. A. Tennis : The player symbols under control of the human players. Ice Hockey: Boxi~q : human player. Fish1nq Derby: symbols. The player symbols. The boxer symbol under control of the The end of the fishinq line B. Tennis, Ice Hockey, Boxinq and Fishinq Derby: At leas': the Act:.v1si on tel ev1sion qame car~rl.dqe, joystick, the microprocessor, the peripheral i nterface adapter, and the television interface adapter. C. Tennis : The ball symbol. Ice Hockey: Boxinq: qame. Fishinq Derby: The puck s~~l. The boxer symbol under control of the The fish s :~r.bols. D. Tennis, Ice Hockey, Boxi nq and Fishinq Derby : At the least the Activision telev:sion qame cartridge, t he television interface adapter, and the microprocessor. ( -- PLAINTIFFS' SUPPLEMENTAL RESPONSE TO DEFENDANT ' S INTERROCATORIES.

12 l E. F. G. Tennia: The coincidence between the human controlled player symbol and the ball symbol by which the player hit1 the ball. Ice Hockey: The coincidence between the player symbol and the puck symbol by which the player intercepts the puck. Boxing: The coincidence between the human controlled boxer symbol and the qame controlled boxer symbol by which the human controlled boxer hits the qame controlled boxer. Fishinq Derby: The coincidence between the fishing line symbol and the fish symbols by which the fish are cauqht. Tennis, Ice Hockey, Boxinq and Fishinq Derby: At least the Activision television game cartridge, the microprocessor, and perhaps the television interface adapter. Tennis: The motion of the ball symbol following coincidence with the human controlled player symbol. Ice Hockey: The motion of t he puck s ymbol following coincidence with player symbol. Boxinq: The motion of the game controlled boxer symbol following coincidence with the human controlled boxer symbol. -- PLAINTIFFS' SUPPLEMENTAL RESPONSE TO DEFENDANT ' S INTERROGATORIES

13 1 ( Fishinq Derby: The motion of the filh 1ymbol followinq coincidence with the fishinq line symbol. B. Tennis, Ice Hockey, Boxinq and Fishinq Derby: At INTERROCATORY NO. 1 least the Ativision game television cartridge and the microprocesor. For each combination of the qames identified in response to Interrogatory No. of Defendant's First Set of Interrogatories to Plaintiffs (namely, "Fishing Derby", "Boxing", "Tennis" and "Ice Hockey") and the consoles identified in response to Interrogatory No. 0 of Defendant's First Set Of Interrogatories To Plaintiffs (namely, the Atari VCS Model 00, the Sears Tele-Game Video Arcade, and the combination of the Colecovision game console and the Expansion Module l) whlch plaintiffs contend constitutes an infringement of Claim of the United States Patent Re.,0, identify the elements which plaintiffs contend correspond to the following elements of the claim: A. A variation in the horizontal position of the hitting symbol; B. A variation in the vertical position of the hitting symbol; and C. Means for providing horizontal and vertical control signals for varying the horizontal and vertical positions of said hitting symbol. -so- PLAINTIFFS' SUPPLEMENTAL RESPONSE TO DEFENDANT'S INTERROCATORIES

14 ( 1 RESPONSE: Plaintiffs are at this time unable to supply all the ( information requested in Interroqatory 1. Plaintiffs have not completed their discovery as to the television qame cartridqes manufactured, used, and/or sold by Activision, and the television qame consoles with which those cartridqes are used, and are thus unable to fully state what contentions they will make at trial as to the subject matter of this interroqatory. this interroqatory as premature. Plaintiffs object t o However, in order to advance the proqress of this action, plaintiffs further respond to Interroqatory 1 as follows while reservinq the riqht to alter, amend, supplement or chanqe the response after discovery is completed and prior to trial. Each response refers to the combination of the indicated Activision television qame cartridqe and the Atari VCS Model 00, the Sears Tele-Came Video Arcade, the Co l ecovision qame console with the Coleco Expansion Module l, or the Coleco Gemini television qame console. A. Tennis: The player symbols under control of the human players may be moved horizontally. Ice Hockey: horizontally. Boxinq: The player symbols may be moved The boxer symbol under human control may be moved horizontally. Fishinq Derby: may be moved horizontally. The end of the fishinq line symbol -1- PLAINTIFFS' SUPPLEMENTAL RESPONSE TO DEFENDANT ' S INTERROGATORIES

15 l B. Tenni1: The player 1ymbola under control of the human player may be moved vertically. Ice Hockey: The player symbols may be moved vertically. Boxinq: The boxer symbol under control of the human player may be moved vertically. Fishinq Derby: The end of the fishing line symbol c. may be moved vertically. Tennis, Ice Hockey, Boxing and Fishing Derby: At least the Activision game cartridge, the joystick, the microprocessor, and the peripheral interface adapter INTERROGATORY NO. For each combination of the games identified in response to Interrogatory No. of Defendant's First Set of Interrogatories to Plaintiffs (namely, "Fishing Derby", "Boxing", 1 "Tennis" and "Ice Hockey") and the consoles identified in response 1 to Interrogatory No. 0 of Defendant's First Set Of 0 Interrogatories To Plaintiffs (namely, the Atari VCS Model 00, 1 the Sears Tele-Game Video Arcade, and the combination of the Colecovision qame console and the Expansion Module l) which plaintiffs contend constitutes an infringement of Claim 0 of the United States Patent Re.,0, identify the elements which plaintiffs contend correspond to the following elements of the claim: -- PLAINTIFFS' SUPPLEMENTAL RESPONSE TO DEFENDANT'S INTERROGATORIES

16 1 ~? ~ A. B. c. 0. E. F. G. H. I. J. K. A vertical ynchronization i;nal; A horizontal ynchronization iqnal; Means for generatin; vertical and horizontal aynchronization aiqnal ; Means responsive to aaid synchronization siqnals for deflecting the beam of a cathode ray tube to generate a raster on the acreen of the tube; A first symbol on aaid screen; A position for the first symbol which is directly controlled by a player; Means coupled to said synchronization signal qenera~inq means and said cathode ray tube for generating a first symbol on said screen at a position which is directly controlled by a player; A second symbol on the screen which is movable; Means coupled to a said s ynchronization signal generating means and said cathode ray tube for generating a second symbol on said screen which is movable; A first coincidence between said first symbol and said second symbol; Means couple to said first symbol generating means and said second symbol generating means for determining a first coincidence between said first symbol and said second symbol; ( -- PLAINTIFFS' SUPPLEMENTAL RESPONSE TO DEFENDANT'S INTERROGATORIES

17 ( l L. A diatinet motion imparted to aaid aecond aymbol in response to aaid coincidence; and M. Means coupled to said coincidence determininq means and said second symbol qeneratinq means for imparting a distinct motion to said second symbol in response to said coincidence. RESPONSE: Plaintiffs are at this time unable to supply all the information requested in Interrogatory. Plaintiffs have not 1 completed their discovery as to the television qame cartridges manufactured, used, and/ or sold by Activision, and the televi s1on qame consoles with which those cartridqes are used, and are thus unable to fully state what contentions they will make at trial as 1 to the subject matter of this interroqatory. this interrogatory as premature. Plaintiffs object to 1 However, in order to advance the progress of this 1 action, plaintiffs further respond to Interrogatory as follows 1 while reserving the right to alter, amend, supplement or change 0 the response after discovery is completed and prior to trial. 1 Each response refers to the combination of the indicated Activision television game cartridge and the Atari VCS Model 00, the Sears Tele-Game Video Arcade, the Colecovision game console with the Coleco Expansion Module 1, or the Coleco Gemini television game console. ( -- PLAINTIFFS' SUPPLEMENTAL RESPONSE TO DEFENDANT ' S INTERROGATORIES

18 .. ( 1 A. Tennis, Ice Hockey, Boxinq and Fishinq Derby: The vertical synchroni%ation aiqnala at the outputs of the television interface adapter and the television qame console. B. Tennis, Ice Hockey, Boxinq and Fishinq Derby: The horizontal synchronization siqnals at the outputs of the television interface adapter and the c. television game console. Tennis, Ice Hockey, Boxinq and Fishinq Derby: The Activision television qame cartridqe, the microprocessor, and the television interface adapter. 0. Tennis, Ice Hockey, Boxinq and Fishinq Derby: At 1 least the horizontal and vertical deflection circuitry of the associated television receiver. 1 E. Tennis: The player symbo l s under control of the 1 human player. 1 Ice Hockey: The player symbols. 1 Boxinq: The boxer symbol under control of the 0 human player.. 1 Fishinq Derby: The end of the fishing line symbols. F. Tennis, Ice Hockey, Boxing and Fishing Derby: The position of the first symbol. ( -ss- PLAINTIFFS' SUPPLEMENTAL RESPONSE TO DEFENDANT'S INTERROGATORIES

19 1 1 L G. Tennis, Ice Hockey, Boxinq and Fishinq Derby: At least the Activision television game cartridge, the joystick, the peripheral interface adapter, the television interface adapter, and the microprocessor. H. Tennis : The ball symbol. Ice Hockey: The puck symbol. Boxing: The boxer symbol under control of the game. Fishing Derby: The fish symbols. I. Tennis, Ice Hockey, Boxing and Fishing Derby : At least the Activis1on tel evisi on game cartridge, t he tel evision interface adapter, and the microprocessor. J. Tennis : The coinci dence between the human controlled player symbol and the ball symbol by whi ch the player hits the ball. Ice Hockey: The coincidence between the player symbol and the puck symbol by which the player intercepts the puck. Boxing: The coincidence between the human controlled boxer symbol and the game controll ed boxer symbol by which the human controlled boxer hits the game controlled boxer. ( -- PLAINTIFFS' SUPPLEMENTAL RESPONSE TO DEFENDANT ' S INTERROGATORIES

20 ( 1 Fishinq Derby: The coincidence between the!ishinq line symbol and any of the fish symbols by which the fish are cauqht K. L. M. Tennis, Ice Hockey, Boxinq and Fishing Derby: At least the Activision television qame cartridge, the microprocessor and perhaps the television interface adapter. Tennis: The motion of the ball symbol following coincidence. Ice Hockey: The motion of the puck symbol following coincidence. Boxing: The motion of the game controlled boxer symbol following coincidence. Fishing Derby: The motion of the fish symbol following coincidence. Tennis, Ice Hockey, Boxing and Fishing Derby: At least the Activision television game cartridge and the microprocessor. 0 INT~RROGATORY NO. 1 For each combination of the games identified in response to Interroqatory No. of Defendant's First Set of Interroqatories to Plaintiffs (namely, "Fishing Derby", "Boxing", "Tennis" and "Ice Hockey") and the consoles identified in response to Interrogatory No. SO of Defendant's First Set Of Interrogatories To Plaintiffs (namely, the Atari VCS Model 00, ( -- PLAINTIFFS' SUPPLEMENTAL RESPONSE TO DEFENDANT 'S INTERROGATORIES

21 the Sears Tele-Came Video Arcade, and the combination of the Colecovision game console and the Expansion Module 1) which plaintiff contend constitutes an infrinqement of Claim 1 of the United States Patent Re.,0, identify the elements whi~h plaintiffs contend correspond to the following elements of the claim: A. A third symbol on the screen of the ~athode ray tube; B. Player ~ontrol of the position of the third symbol; C. Means ~oupled to said synchronization signal generating means and said cathode ray tube for generating a third symbol on said screen at a position which is controlled by a player; D. A second coincidence between said third symbol and said second symbol; E. Means coupled to said third symbol generating means and second symbol generating means for determining a second coincidence between said third symbol and said second symbol ; F. A first coincidence between said third symbol and said second symbol; G. A distinct motion imparted to said second symbol in response to the second coincidence; and l -sa- PLAINTIFFS' SUPPLEMENTAL RESPONSE TO DEFENDANT'S INTERROGATORIES

22 ( 1 B. Means coupled to aaid second and third symbol coincidence determininq means and said second ymbol qeneratinq means for impartinq a distinct motion to said second symbol in response to said second coincidence. RESPONSE: Plaintiffs are at this time unable to supply all the information requested in Interroqatory. Plaintiffs have not completed their discovery as to the television game cartridges manufactured, used, and/ or sold by Activision, and the televi s ion game consoles with which those cartridges are used, and are t hus unable to fully state what contentions they will make at trial as 1 to the subject matter of this interrogatory. Plaintiffs object this interrogatory as premature. 1 However, in order to advance t ~ e progress of this 1 action, plaintiffs further respond to Int errogatory as follows 1 while reserving the right to alter, amend, supplement or change 1 the response after discovery is completed and pri or to trial. 0 Each response refers to the combination of t h e indicated 1 Activision television game cartridge and the Atari VCS Model 00, the Sears Tele-Game Video Arcade, the Colecovisi on game consol e with the Coleco Expansion Module 1, or the Co l eco Gemini television qame console. A. Tennis: The second player symbol under control of a human player. ( -- PLAINTIFFS' SUPPLEMENTAL RESPONSE TO DEFENDANT ' S INTERROGATORIES

23 0' l Ice Hockey: The second player 1ymbol. Fishinq Derby: The end o! the econd!ishinq line ~ ymbol. B. Tennis: The position of the symbol is controlled by the player. Ice Hockey: The position of the symbol is controlled by the player. Fishing Derby: The position of the symbol is controlled by the player. C. Tennis, Ice Hockey, Boxing and Fishing Derby: At least the Activision television game cartridge, the joystick, the peripheral interface adapter, the television interface adapter, and the microprocesor. D. Tennis: The coincidence between the second human controlled player symbol and the ball symbol by which the second player hits the ball. Ice Hockey: The coincidence between the second player symbol and the puck symbol by which the player intercepts the puck. Fishing Derby: The coincidence between the second fishing line symbol and any of the fish symbols by which the fish is cauqht. ( -0- PLAINTIFFS' SUPPLEMENTAL RESPONSE TO DEFENDANT'S INTERROGATORIES

24 E. Tennis, Ice Hockey, and fi1hin; Derby: At lea t the Activision television game cartridqe, the aicrcprcce cr and perhap the television interface adapter. F. The reference to a "first" coincidence between the second and third symbols in the context of Claim 1 is net understood. G. Tennis: The motion of the ball symbol following the second coincidence. Ice Hockey: The motion of the puck symbol following the second coincidence. Fishing Derby: The motion of the fish symbo l following the second coincidence. H. Tennis, Ice Hockey and Fishinq Derby: At least the Activisicn televisi on qame cartridqe and the microprocessor. INTERROGATORY NO. For each combination of the qames identified in response to Interroqatcry No. of Defendant's First Set of I nterroqatories to Plaintiffs (namely, "Fishinq Derby", "Boxing", "Tennis" and "Ice Hockey") and the consoles identified in response to Interrcqatcry No. 0 of Defendant's First Set Of Interroqatcries To Plaintiffs (namely, the Atari VCS Model 00, the Sears Tele-Game Video Arcade, and the combination of the Ccleccvisicn qame console and the Expansion Module 1) which ( -1- PLAINTIFFS' SUPP~EMENTA~ RESPONSE TO DEFENDANT ' S INTERROGATORIES

25 ( l? 1 1 1? plaintiffs contend constitutes an infrinqement of Claim of the United States Patent Re.,0, identify the elements which plaintiff contend correspond to the followinq elements of the claim: A. A travelinq of the second symbol across the screen from one side of the raster to another in the absence of an occurrence of coincidence between said second symbol and said first or third symbol after coincidence of said second symbol with sald third or first symbol; B. A first coincidence of said second symbol with sald third or first symbol; C. A second coincidence between said second symbol and said first or third symbol; and D. Means for causing said second ~ymbol to travel across said screen from one side of said raster to another side of said raster in the absence of an occurrence of coincidence between said second symbol and said first or third symbol after coincidence of said second symbol with said third or first symbol. RESPONS!: Plaintiffs are at this time unable to supply all the information requested in Interrogatory. Plaintiffs have not completed their discovery as to the television game cartridges? -- PLAINTIFFS' SUPPLEMENTAL RESPONSE TO DEFENDANT'S INTERROGATORIES

26 1 ( manufactured, used, and/or aold by Act1v1a1on, and the televi ion game console with which tho cartridge are u ed, and are thu unable to fully state what contention they will make at trial as to the ubject matter of thi interrogatory. Plaintiffs object to this interrogatory as premature. However, in order to advance the progress of this action, plaintiffs further respond to Interrogatory as follows while reserving the riqht to alter, amend, supplement or chanqe the response after discovery is completed and prior to trial. Each response refers to the combination of the indicated Activision television qame cartridge and the Atari VCS Model 00, the Sears Tele-Game Video Arcade, the Colecovision qame consol e with the Coleco Expansion Module 1, or the Coleco Gemini television game console. A. Tennis: The motion of the ball symbol after it is hit by one player symbol and in the absence of being hit by the other player symbol. Ice Hockey: The motion of the puck symbol after it is shot by one player symbol and in the absence of being intercepted by the other player symbol. B. Tennis and Ice Hockey: The coincidence referred to in plaintiffs' response to part J of Interrogatory. C. Tennis and Ice Hockey: The coincidence referred to in plaintiffs' resp~nse to part 0 of Interrogatory. -- PLAINTIFFS' SUPPLEMENTAL RESPONSE TO DEFENDANT'S INTERROGATORIES

27 l D. Tennia and Ice Hockey: At least the Act1v1a1on television qame eartridqe and the microproceaa. INTERROGATORY NO. Identify all portions of the subject matter described in U.S. Patent,,0 which Maqnavox and Sanders contend are not prior art with reqard to United States Patent Re.,0. RESPONSE: This interrogatory has been limited by defendant to the portions of U.S. Patent,,0 enumerated in this response. Circuits as descr1bed at column, lines 1-1 ; column, lines - and -; column, line - column, line ; column, lines -, -, and -0; Claims -; Claims -0, and Claim 1 of U.S. Patent,,0 were built and used with a color television receiver by the inventor thereof prior to the commencement of reasonable diligence toward reduction to practice of the claimed subject matter of U.S. Patent Re.. 0. INTERROGATORY NO. For each portion of the subject matter of U.S. Patent,,0 identified in response to Interrogatory No. : A. Set forth in detail the basis of the contention that the portion of the subject matter is not prior art; ( -- PLAINTIFFS' SUPPLEMENTAL RESPONSE TO DEFENDANT ' S INTERROGATORIES

28 , ( l (d) Identify all documents which refer or relate in any way to the consideration of the prior art and/or the determination that'it was not material. RESPONSE: No response required. ~!;I Bi 1 ~n~ ~--- I Subscribed and sworn to before me.,. tl'1.is ~day ofj;,:i 1, lo I in ~ ~-' :_ \ --~~~~. ~~ ll' _j_~a.a-~ <b-l 1 Notart Publ"'ic My Commission Expires :~ q?...j, J --~--~ ( I 0 'I, I 1 Subscribed and sworn to before me thi s TL~ay of ~ 1, J.n ;()~, N,p...y -~=.. ~/JncCL.,_ Notary Public M t Cc:rtrnission Expires : M~ J /J- The foregoing objections and content i ons are asserted or s ~ ~t~d on behalf of plaintiffs by :. ~h=>--- ~ -,1~- Th~dore W. Anderson Jame T. Williams NEUMAN, WILLIAMS, ANDERSON & OLSON Attorneys for The Magnavox Company and Sanders Associates, Inc. West Washington Street Chicago, Illinois 00 () PLAINTIFFS' SUPPLEMENTAL RESPONSE TO DEFENDANT' S INTERROGATORIES

29 I.. : ( 1 DECLARATION OF SERVICE Hand Delivered I am a citizen of the United States, over 1 years of aqe, and not a party to the within action. My business address is one Market Plaza, Spear Street Tower, San Francisco, California,. On May, 1, I served _P_LA IN_T_I_F_F~S-' SUPPLEMENTAL RESPONSE TO DEFENDANT'S INTERROGATORIES on the parties to said action by causing it to be hand delivered in a sealed envelope, addressed as follows: 1 Aldo J. Test, Esq. Thomas 0. Herbert, Esq. Edwards. Wright, Esq. Flehr, Hohbach, Test, Albritton 1 & Herbert Embarcadero Center 1 Suite 00 San Francisco, CA I declare under penalty of perjury that the foregoing ~ is true and correct. Executed at San Francisco, California on May, 1. 'II.

30 ( 1 PILLSBURY, MADISON & SUTRO Robert P. Taylor Bulh Street Mailin; Address: P.O. Box 0 San Francisco, ca 0 Telephone: () -00 NEUMAN, WILLIAMS, ANDERSON & OLSON Theodore W. Anderson James T. Williams West Washington Street Chicago, IL 00 Telephone: ( ) -00 Attorneys for Plaintiffs The Magnavox Company and Sanders Associates, Inc. av_ States District Court For The Northern District Of California ~nited APR i ~oyu RaiPONIE DUa ~ 1 1? 1 1 THE MAGNAVOX COMPANY, a corporation, ) and SANDERS ASSOCIATES, INC., ) a corporation, ) ) Plaintiffs, ) ) v. ) ) ACTIVISION, INC., a corporation, ) ) Defendant. ) No. C 0 TEH PLAINTIFF'S RESPONSE TO DEFENDANT'S THIRD SET OF INTERROGATORIES (NOS. 1-) 0 1 Plaintiffs herewith respond to defendant's interrogatories 1-. Plaintiffs object to each of those interrogatories for at least the following reasons : 1. Plaintiffs object to interrogatories 1- to the extent they are deemed to be continuing or require supplementation beyond the requirements of Rule (e), F.R.Civ. P. PLAINTIFFS' RESPONSE TO DEFENDANT'S THIRD SET OF INTERROGATORIES (NOS. 1-)

31 1. Plaintiff object to the definitions of Maqnavox" and sandera included in the introduction to interroqatories 1 to the extent those definitions and the interrogatories makin use of them attempt to impose any obliqation on plaintiffs to supply information beyond that required by the Federal Rules of Civil Procedure. However, in order to advance the progress of this action and without waiver of any of the within-stated objections, plaintiffs further respond to defendant's interrogatories 1- in the following. INER~OGATOR1 NO. 1 Explain what is meant by the term "demonstration 1 program" as used in plaintiffs' response to Interrogatories Nos. -1 of DEFENDANT'S FIRST SET 0~ INTERROGATORIES TO PLAINTIFFS. 1 RESPONSE: 1? The term "demonstration program" is used in plaintiffs' 1 response to interrogatories and 1 to refer to a program 1 intended to show or demonstrate the capabilities of the apparatus 0 upon which the program is run. 1 INTERROGATORY NO. 1 For each combination, if any, of the television game products identified in Schedule 1 to the Notice to Take Deposition dated March, 1 (namely, "Dolphin", "Keystone Kapers", "Decathlon", "Stampede", "Gran Prix", "Barnstorming", "Sky Jinks". -- PLAINTIFFS' RESPONSE TO DEFENDANT ' S THIRD SET OF INTERROGATORIES (NOS. 1-)

32 1 "Enduro" and "Pressure Cooker") and the consoles identified in response to INTERROGATORY NO. 0 o! DEFENDANT'S FIRST SET OF INTERROGATORIES TO PLAINTIFFS (namely, the Atari VCS Model 00, the Sears Tele-Game Video Arcade, and the combination of the Colecovision game console and the Expansion Module 1) which plaintiffs contend constitutes an infringement of Claim of the United States Patent Re.,0, identify the elements which plaintiffs contend correspond to the following elements of the claim: A. A hitting symbol ; B. Means for generating a hitting symbol; c. A hi~ symbol ; D. Means for generating a hit symbol ; E. Coincidence between said hitting symbol and sai d hit symbol ; F. Means for ascer~ain i ng coincidence between sa1d hitting symbol and said hit symbol; G. A distinct motion imparted to said hit symbo l upon coincidence; and H. Means!or imparti ng a distinct moti on to sai d hit symbol upon coincidence. RESPONSE: Plaintiffs are at this time unable to supply all the information requested in Interrogatory 1. Plaintiffs have not completed their d1scovery as to the television game cartridges -- PLAINTIFFS' RESPONSE TO DEFENDANT ' S THIRD SET OF INTERROGATORIES (NOS. 1-)

33 1 manufactured, used, and/or aold by Activision, and the television qame consoles vith which those eartridqes are used, and are thus unable to fully state what contentions they will make at trial as to the subject matter of this interroqatory. Plaintiffs object this interrogatory as premature. However, in order to advance the progress of this action, plaintiffs further respond to interrogatory 1 as follows while reserving the right to alter, amend, supplement or change the response after discovery is completed and prior to trial. Each response refers to the combination of the indicated Activision television game cartridge and the Atari VCS Model 00, the Sears!ele-Game Vldeo Arcade, the Colecovision game console with the Coleco Expansion Module 1, or the Coleco Gemini 1 television game console, except where the Mattel version is indicated in which case the response refers to the combination of 1 the indicated Activision television game cartridge and the Mattel 1 Intellevision or the Sears Tele-Game Super Video Arcade television 1 game console. 1 A. Dolphin: The dolphin symbol after the dolphin has 0 caught a seaqull. 1 Pressure Cooker: The "Short-Order Sam" symbol. Stampede: The horse and rider symbol. Stampede (Mattel): The horse and rider symbol. -- PLAINTIFFS' RESPONSE TO DEFENDANT'S THIRD SET OF INTERROGATORIES (NOS. 1-)

34 1 B. Dolphin, Pressure Cooker and Stampede: At least the Activision television qame cartridqe, the joystick, the microprocessor, the peripheral interface, adapter, and the television interface adapter. Stampede (Mattel): The Activision qame cartridge, the hand controller, and portions of the television game console. C. Dolphin: The squid symbol after the dolphin has caught a seagull. Pressure Cooker: The condiment symbols. Stampede: The cattle symbols. 1 1 Stampede (Mattel): The cattle symbols. D. Dolphin, Pressure Cooker and Stampede: At least the Activision television game cartridqe, the television interface adapter, and the microprocessor. 1 Stampede (Mattel) : The Activision television game 1 1 ) 1 cartridge and portions of the television game console. E. Dolphin : The coincidence between the squid symbol and the dolphin symbol after the dolphin has caught a seagull by which the dolphin catches the squid. Pressure Cooker: I Order Sam" symbol and the condiment symbols by which "Short-Order Sam" catches or rejects the condiments. The coincidence between the "Short- -s- PLAINTIFFS' RESPONSE TO DEFENDANT'S THIRD SET OF INTERROGATORIES (NOS. 1-)

35 ( 1 Stampede: The coincidence between the horse and rider symbol and the cattle symbols by which the cattle are herded. Stam~ede (Mattel): The coincidence between the horse and 1 rider symbol and the cattle symbols by which the cattle are herded. F. Dolphin, Pressure Cooker and Stampede : At least the Acti vision television qame cartridge,.the microprocessor, and perhaps the television interface adapter. Stampede (Mattel): The Activision television game car~ridqe and por~ions of ~he television game console. G. Dolphin: The motion of the squid symbol after coincidence with the dolphin symbol. 1 Pressure Cooker: The motion of the condiment symbols after coincidence with the "Short-Order Sam" symbol. Stampede : The motion of the cattle symbols after coincidence with the horse and rider symbol. Stampede (Mattel): The motion of the cattle symbols after coincidence with the horse and rider s~ol. H. Dolphin, Pressure Cooker and Stampede: At least the Ativision qame television cartridge and the micro~rocesor. ( -- PLAINTIFFS' RESPONSE TO DEFENDANT'S THIRD SET OF INTERROGATORIES (NOS. 1-)

36 ( Stampede (Mattel): The Activiaion television qame cartrid;e and portions of the television ;ame console. INTERROGATORY NO. 1 For each combination, if any, of the television qame products identified in Schedule 1 to the Notice to Take Deposition dated March, 1 (namely, "Dolphin", "Keystone Kapers", "Decathlon", "Stampede", "Gran Prix", "Barnstorminq", "Sky Jinks", "Enduro" and "Pressure Cooker") and the consoles identified in response to INTERROGATORY NO. 0 of DEFENDANT'S FIRST SET OF INTERROGATORIES TO PLAINTIFFS (namely, the Atari VCS Model 00, the Sears Tele-Game Video Arcade, and the combination of the Colecovision qame console and the Expansion Module 1) which plaintiffs contend constitutes an infringement of Claim of t he United States Patent Re.,0, identify the elements which plaintiffs contend correspond to the followinq elements of the c l aim : A. A variation in the horizontal position of the hitting symbol; B. A variation in the vertical position of the hitting symbol; and c. Means for providinq horizontal and vertical control siqnal for varyinq the horizontal and vertical positions of said hittinq symbol. -- PLAINTIFFS' RESPONSE TO DEFENDAN'l'' S THIRD SET OF INTERROGATORIES (NOS. 1-)

37 ( l RESPONSE: Plaintiff are at thi time unable to supply all the information requested in Interrogatory 1. Plaintiffs have not completed their discovery as to the television game cartridges manufactured, used, and/ or sold by Activision, and the television game consoles with which those cartridges are used, and are thus unable to fully state what contentions they will make at trial as to the subject matter of this interrogatory. Plaintiffs object this interrogatory as premature. However, in order to advance the progress of this action, plaintiffs further respond to interrogatory 1 as follows wh~le reserv~ng the r~ght to alter, amend, supplement or change the response after discovery is completed and prior to trial. 1 Each response refers to the combination of the indicated Activision television game cartridge and the Atari VCS M?del 00, 1 the Sears Tele-Came Video Arcade, the Co l ecovision game consol e 1 with the Coleco Expansion Module l, or the Coleco Gemini 1 television game console, except where the Mattel version is 1 indicated in which case the response refers to the combinat1on of 0 the indicated Activision television game cartridge and the Mattel 1 Intellevision or the Sears Tele-Came Super Video Arcade tele\ i s ion game console. A. B. Pressure Cooker : The "Short-Order Sam" symbol may be moved horizontally. Pressure Cooker : The "Short-Order Sam" symbol may be moved vertically. ( -- PLAINTIFFS' RESPONSE TO DEFENDANT'S THIRD SET OF INTERROGATORIES (NOS. 1-)

38 ( c. Pressure Cooker: At least the Activision qame cartridqe, the joystick, the microprocessor, and the peripheral interface adapter. IN~ERROCATORY NO. 1 For each combination, if any, of the television game products identified in Schedule 1 to the Notice to Take Deposition dated March, 1 (namely, "Dolphin", "Keystone Kapers", "Decathlon", "Stampede", "Cran Prix", "Barnstorminq", "Sky Jinks", "Enduro" and "Pressure Cooker") and the consoles identified in response to INT:RrtOCATORY NO. 0 of DEFENDANT'S FIRST SET OF INTERROCATORIES TO PLAINTIFFS (namely, the Atari VCS Model 00, the Sears Tele-Came Video Arcade, and the combination of the Colecov1sion game console and the Expansion Module 1) which plaintiffs contend constitutes an infringement of Claim of the United States Patent Re.,0, identify the elements which plaintiffs contend correspond to the followinq elements of the claim : A. A baseball qame; 0 1 ( B. Apparatus for playing a baseball type ga~e ; c. A hit spot; D. Means!or displayinq a hit spot; E. A hittinq spot; F. Means for displayinq a hittinq spot; C. An adjustment in the vertical position of said hittinq spot; -- PLAINTIFFS' RESPONSE TO DEFENDANT'S THIRD SET OF INTERROGATORIES (NOS. 1-)

39 ( 1 : H. Means for adjustinq the vertical position of aid hitting spot; I. A serving of the hit spot; J. Means for serving said hit spot; K. A variation in the vertical position of the hit spot; L. Means for varying the vertical position of said hit spot; M. Coincidence between said hit and said hitting spot; N. A reversal of directions by the hit spot; and 0. Means for denoting coincidence between said hit and said hit~ing spots whereby said hit spot will reverse directions. 1 1 RESP0NSE: Plaintiffs are at this time unable to supply the 1 information requested in interrogatory 1. Plaintiffs have not 1 1 ') completed their discovery as to the television game cartridges manufactured, used, and/ or sold by Activision, and the television game consoles with which those cartridges are used, and are thus 1 unable to respond to this interrogatory. interrogatory as premature. Plaintlffs object thi s -- PLAINTIFFS' RESPONSE TO DEFENDANT'S THIRD SET OF INTERROGATORIES (NOS. 1-)

40 ( 1 INTERROGATORY NO. 1 For each combination, if any, of the television game product identified in Schedule l to the Notice to Take Oepos1tion dated March, 1 (namely, "Dolphin", "Keystone Kapers", "Decathlon", "Stampede", "Gran Prix", "Barnstorming", "Sky Jinks", "Enduro" and "Pressure Cooker") and the consoles identified in response to INTERROGATORY NO. SO of DEFENDANT'S FIRST SET OF INTERROGATORIES TO PLAINTIFFS (namely, the Atari VCS Model 00, the Sears Tele-Game Video Arcade, and the combination of the Colecovision qame console and the Expansion Module 1) which plaintiffs contend constitutes an infringement of Claim of t h e Un1ted States Patent Re.,0, identify the elements which plaintiffs contend correspond to the following elements of t he 1 claim : A. B. c. D. E. F. G. H. I. J. K. A hockey type game ; Apparatus for playing a hockey type game ; A first hitting spot; Means for displaying a first hitting spot; A second hitting spot; Means for displaying a second hitting spot ; A hit spot; Means for displaying a hit spot; Control of the position of the first hitting spot; Control of the position of the second hitting spot ; Means for controlling the position of said first and second hitting spots; -- PLAINTIFFS' RESPONSE TO DEFENDANT'S THIRD SET OF INTERROGATORIES (NOS. 1-}

41 J ~l L. Controllin of the position of the hit spot; M. Means for eontrollinq the position of said hit spot; N. Coincidence between the first hittinq spot and the hit spot; 0. Coincidence between the second hittin; spot and the hit spot; P. Means for ascertaining coincidence between either of said hitting spots and said hit spot; Q. A distinct motion imparted to said hit spot upon :cincidence; and R. Means for impar~inq a dis~inc~ mo~ion to said hit spot upon coincidence. RESPONSE : Plaintiffs are at this time unable to supply the information requested in interrogatory 1. Plaintiffs have not c ompleted their discovery as to the television qame cartrid;es manufactured, used, and/ or sold by Activision, and the televis i on game consoles with which those cartridges are used, and are t hus unable ~o respond to this interrogatory. Plaintiffs object this interroqatory as premature. ( -- PLAINTIFFS' RESPONSE TO DEFENDANT'S THIRD SET OF INTERROGATORIES (NOS. 1-)

42 1 INTERROGATORY NO. 1 For each combination, if any, of the televi ion qame ~ products identified in Schedule 1 to the Notice to Take Depositi on dated March, 1 (namely, "Dolphin", "Keystone Kapera", "Decathlon", "Stampede", "Gran Prix", "Barnstorminq", "Sky J i nks", "Enduro" and "Pressure Cooker") and the consoles identified in response to INTERROGATORY NO. SO of DEFENDANT'S FIRST SET OF INTERROGATORIES TO PLAINTIFFS (namely, the Atari VCS Model 00, the Sears Tele-Game Video Arcade, and the combination of the Colecovision qame console and the Expansion Module 1) which p l aintiffs con~e ud consti tutes an in!rinqement of Claim 1 of t he United States Patent Re.,0, identify the elements which p l ainti ffs contend correspond to the!ollowinq elements of the 1 c l aim : ~ A. B. c. D. E. F. G. H. A hittinq symbol; Means for generati ng a hi tting symbol; A hit symbol ; Means for generati ng a hit symbol; Coincidence between said hi tting symbol and sai d hit symbol ; Means for ascertaining coincidence between sai d hitting symbol and said hit symbol; A distinct motion imparted to said hit symbol upon coincidence; and Means!or impartinq a distinct motion to said h i t symbol upon coincidence. -- PLAINTIFFS' RESPONSE TO DEFENDANT'S THIRD SET OF INTERROGATORIES (NOS. 1 )

43 RESPONSE: Plaintiffs are at this time unable to supply all the information requested in interroqatory 1. Plaintiffs have not completed their discovery as to the television qame cartrid;es manufactured, used, and/or sold by Activision, and the television game consoles with which those cartridges are used, and are thus unable to fully atate what contentions they will make at trial as to the subject matter of this interrogatory. Plaintiffs object this interrogatory as premature. However, in order to advance the progress of this action, plaintiffs further respond to interroqatory 1 as follows while reservinq the right to alter, amend, supplement or chan;e the response after discovery is completed and prior to trial. Each response refers to the combination of the indicated Activision television game cartridge and the Atari VCS Model 00, the Sears Tele-Game Video Arcade, the Colecovision ;ame console with the Coleco Expansion Module 1, or the Coleco Gemini television qame console, except where the Mattel version is indicated in which case the response refers to the combination of J the indi cated Activision television game cart~id;e and the Mattel 1 ( Intellevision or the Sears Tele-Game Super Video Arcade television qame console. A. Dolphin: The dolphin symbol after the dolphin has caught a seaqull. Pressure Cooker: Stampede : The "Short-Order Sam" symbol. The horse and rider symbol. -1- PLAINTIFFS' RESPONSE TO DEFENDANT'S THIRD SET OF INTERROGATORIES (NOS. 1-)