( 1 1 1~ 1 1 0? PILLSBURY, MADISON & SUTRO Robert P. Taylor Bush Street Mailinq 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 Teleph one: () -00 Attorneys for Plaintiffs The Magnavox Company and Sanders Associates, Inc. ~ -< -.: 1 L!H~. HOHACH. TEST ALI~ITTO~.t JofE.. IEIItT DOCKITIO av_ States Di strict Court For The Northern District Of California ~nited THE MAGNAVOX COMPANY, a corporation, ) and SANDERS ASSOCIATES, INC., ) a corporation, ) ) Plainti ffs, ) ) v. ) ) ACTI VISION, INC., a corporation, ) ) Defendant. ) APR ~ U REIPONS DUE ---- No. C 0 TEH PLAINTIFF'S RESPONSE TO DEFENDANT'S THIRD SET OF INTERROGATORIES (NOS. 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. INTERROGATORIES (NOS. 1-)
1. Plaintiffs object to the definitions of "Maqnavox" and "Sandera" included in the introduction to interroqatories 1- to the extent those definitions and the interrogatories making use of them attempt to impose any obligation 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~OGATORY NO. 1 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. RESPONSE : 1 The term "demonstration program" is used in plaintiffs ' 1 response to interrogatories and 1 to refer to a program intended to show or demonstrate the capabilities of the apparatus 0 upon which the program is run. INTERROGATORY NO. 1 For each combination, if any, of the television game products identified in Schedule l to the Notice to Take Deposition dated March, (namely, "Dolphin", "Keystone Kapers", "Decathlon", "Stampede", "Gran Prix", "Barnstorming", "Sky Jinks", -- INTERROGATORIES (NOS. 1-)
1 "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 game 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: 1 1 1? 1 0 A. B. c. D. E. F. c. H. A hitting symbol; Means for generating a hitting symbol; A hit symbol; Means for generating a hit symbol; Coincidence between said hitting symbol and said hit symbol ; Means for ascertaining coincidence between sa1d hitting symbol and said hit symbol; A distinct motion imparted to said hit symbol upon coincidence; and Means for imparting a distinct motion t o said 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 discovery as to the television game cartridges -- INTERROGATORIES (NOS. 1-)
1 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 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 V1deo Arcade, the Colecovision game console 1 with the Coleco Expansion Module l, or the Coleco Gemini 1 telev ision game console, except where the Mattel version is indicated in which case the response refers to the combination of the indicated Activision television game cartridge and the Mattel 1 Intellevision or the Sears Tele-Game Super Video Arcade television 1 game console. A. Dolphin: The dolphin symbol after the dolphin has 0 caught a seagull. Pressure Cooker: The "Short-Order Sam" symbol. Stampede: The horse and rider symbol. Stampede (Mattel): The horse and rider symbol. -- INTERROGATORIES (NOS. 1-)
1 B. Dolphin, Pressure Cooker and Stampede: At least the Activision television game cartridge, the joystick, the microprocessor, the peripheral interface, adapter, and the television interface adapter. Stampede (Mattel) : The Activision game cartridge, the 1 1 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. Stampede (Mattel): The cattle symbols. D. Dolphin, Pressure Cooker and Stampede : At least the Activision television game cartridge, the television interface adapter, and the microprocessor. 1 Stampede (Mattel): The Activision television game 1,~ cartridge and portions of the television game console. E. Dolphin: The coincidence between the squid syrr~ ol and the dolphin symbol after the dolphin has caught a seagull by which the dolphin catches the squid. Pressure Cooker: ( Order Sam" symbol and the condiment symbols by which "Short-Order Sam" catches or rejects the condiments. The coincidence between the "Short- -s- INTERROGATORIES (NOS. 1-)
1 1 1 1 1 0 Stampede: The coincidence between the horse and rider symbol and the cattle symbols by which the cattle are herded. Stampede (Mattel): The coincidence between the horse and rider symbol and the cattle symbols by which the cattle are herded. F. Dolphin, Pressure Cooker and Stampede: At least the Activision television game cartridge, the microprocessor, and perhaps the television interface adapter. Stampede (Mattel): The Activision television game cartridge and portions of the tel evision game console. G. Dolphin: The motion of the squid symbol after coincidence with the dolphin symbol. Pressure Cooker: The motion of the condiment symbol s 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 symbol s after coincidence with the horse and rider synbol. H. Dolphin, Pressure Cooker and Stampede: At least the Ativision game television cartridge and the microprocesor. ( -- INTERROGATORIES (NOS. 1-)
1 Stampede (Mattel): The Activision television qame cartridge and portions of the television qame console. INTERROGATORY NO. For each combination, if any, of the television game products identified in Schedule 1 to the Notice to Take Deposition dated March, (namely, "Dolphin", "Keystone Kapers", "Decathlon", "Stampede", "Gran Prix", "Barnstorming", "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, 1 the Sears Tele-Game Video Arcade, and the combination of the 1 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 1 plaintiffs contend correspond to the following elements of the 1 c l aim : 0 A. B. c. A variation in the horizontal position of the hitting symbol ; A variation in the vertical position of the hitting symbol; and Means for providing horizontal and vertical control signal for varying the horizontal and vertical positions of said hitting symbol. -- PLAINTIFFS' RESPONSE!0 INTERROGATORIES (NOS. -)
( 1 RESPONSE: Plaintiffs are at this 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, plaintitfs further respond to interrogatory 1 as follows whlle reservlng the rlght to alter, amend, supplement or change 1 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, the Sears Tele-Game Video Arcade, the Co l ecovision game consol e 1 with the Coleco Expansion Module l, or the Coleco Gemini 1 tel e v ision game console, except where the Mattel version is indicated in which case the response refers to the combination of 0 the indicated Activision television game cartridge and the Mattel Intellevision or the Sears Tele-Game Super Video Arcade television game console. A. Pressure Cooker : The "Short-Order Sam" symbol may B. be moved horizontally. Pressure Cooker : The "Short-Order Sam" symbol may be moved vertically. ( -- INTERROGATORIES (NOS. 1-)
( 1 1 1 1? 1 C. Pressure Cooker: At least the Activision game cartridge, the joystick, the microprocessor, and the peripheral interface adapter. 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, (namely, "Dolphin", "Keystone Kapers", "Decathlon", "Stampede", "Gran Prix", "Barnstorming", "Sky Jinks", "Enduro" and "Pressure Cooker") and the consoles identified in response to INT:RROGATORY 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 United States Patent Re.,0, identify the elements which plaintiffs contend correspond to the following elements of the claim : A. A baseball game; 0 B. C. Apparatus for playing a baseball type ga~e; A hit spot; D. Means for displaying a hit spot; E. A hitting spot; F. Means for displaying a hitting spot; G. An adjustment in the vertical position of said hitting spot; -- INTERROGATORIES (NOS. 1-)
( 1 1 1 H. Means for adjusting the vertical position of said 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 hlt~ing spots whereby said hit spot will reverse directions. RESP':>NSE : Plaintiffs are at this time unable to supply the 1 information requested in interrogatory 1. Plaintiffs have not 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 unable to respond to this interrogatory. interrogatory as premature. Plaintiffs object thi s -- INTERROGATORIES (NOS. 1-)
( 1 INTERROGATORY NO. 1 For each combination, if any, of the television game products identified in Schedule l to the Notice to Take Deposition dated March, (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-Came 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 1 plaintiffs contend correspond to the following elements of the 1 claim: 1 1 0? A. B. c. D. E. F. c. H. l. J. K. A hockey type game ; Apparatus for p l aying 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; -- INTERROGATORIES (NOS. 1-)
, 1 1 1 1? J L. Controllinq of the position of the hit spot; M. Means for controllinq the position of said hit spot; N. Coincidence between the first hittinq spot and the hit spot; 0. Coincidence between the second hitting 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 hi~ spo~ upon coincidence. RESPONSE : Plaintiffs are at this time unable to supply 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 ~1 unable to respond to this interrogatory. interrogatory as premature. Plaintiffs object this ( -- DEFENDANT'S THIRD SET Of INTERROGATORIES (NOS. 1-)
1 INTERROGATORY NO. 1 For each combination, if any, of the television qame products identified in Schedule l to the Notice to Take Deposition dated March, (namely, "Dolphin", "Keystone Kapers", "Decathlon", "Stampede", "Gran Prix", "Barnstorming", "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 game console and the Expansion Module l) which plaintiffs con~end constitutes an infringement of Claim 1 of t he Uni~ed States Pa~en~ Re.,0, iden~ify ~he elements which 1 p l aintiffs contend correspond to the following elements of the 1 c l aim: 1 1 1 0 A. B. c. D. E. A hitting symbol; Means for generating a h i tting symbol; A hit symbol; Means for generating a hit symbol ; Coincidence between said hitting symbol and sai d hit symbol ; i F. Means for ascertai ning coi ncidence be~ween said hitting symbol and said hit symbol; G. H. A distinct motion imparted to said hit symbol upon coincidence; and Means for imparting a distinct motion to said h i t symbol upon coincidence. -1- INTERROGATORIES (NOS. 1- )
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 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 as follows while reserving the right ~o alter, amend, supplement or change 1 1 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 1 wi~h 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 0 the indicated Activision television game cart~idge and the Mattel Intellevision or the Sears Tele-Game Super Video Arcade television game console. A. Dolphin : The dolphin symbol after the dolphin has caught a seagull. Pressure Cooker: The "Short-Order SAm" symbol. Stampede: The horse and rider symbol. ( -1- INTERROGATORIES (NOS. -)
( 1 B. Stampede (Mattel): The horse and rider symbol. Dolphin, Pressure Cooker and Stampede: At least the Activision television game cartridge, the joystick, the microprocessor, the peripheral interface, adapter, and the television interface adapter. Stampede (Mattel): The Activision game 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 Stampede (Mattel): The cattle symbols. 1 D. Dolphin, Pressure Cooker and Stampede: At least the 1 Activision television game cartridge, the television interface adapter, and the microprocessor. 1 Stampede (Mattel): The Activision television game 0 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. ( -- INTERROGATORIES (NOS. 1-)
1 1 1~ F. Stampede (Mattel): The Activision television game 1 cartridge and po~~ions console. of the tel evision game G. Dolphin: The motion of the squid symbol after coincidence with the dolphi n symbol. 0 Pressure Cooker : The motion of the condiment s yrr~cls 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 symbol. Pressure Cooker: The coincidence between the "Short- Order Sam" symbol and the condiment symbols by which "Short-Order Sam" catches or rejects the condiments. Stampede : The coincidence between the horse and rider symbol and the cattle symbols by which the cattle are herded. Stampede (Mattel) : The coincidence between the horse and rider symbol and the cattle symbols by which the cattle are herded. Dolphin, Pressure Cooker and Stampede : At least the Activision tel evision game car~ridge, the microprocessor, and perhaps the television interface adapter. -- PLAINTIFFS ' RESPONSE TO INTERROGATORIES (NOS. 1-)
1 H. Dolphin, Pressure Cooker and Stampede: At least the Ativision television game cartridge and the microprocesor. Stampede (Mattel): The Activision television game cartridge and portions of the television game console. 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, (namely, "Dclphin", "Keystone Kapers", "Decathlon", "S~ampede", "Gran Prix", "Barnstorming", "Sky J1nks", 1 "Enduro" and "Pressure Cooker") and the consoles identified in 1 response to INT~RROGATORY 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 1 Colecovision game console and the Expansion Module 1) which 1 plaintiffs contend constitutes an infringement of Claim of the United States Patent Re.,0, identify the ele~ents which 0 plaintiffs contend correspond to the following elements of the claim: A. B. A variation in the horizontal position of the hitting symbol; A variation in the vertical position of the hitting symbol; and -1- INTERROGATORIES (NOS. 1-)
1 ( 1 1 1 1 0 C. Means for providinq horizontal and vertical control aiqnal for varying the horizontal and vertical positions of said hitting symbol. RESPONSE: Plaintiffs are at this 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 ~o ~he subject ma~~er of ~his in~erroga~ory. Plaintiffs object this interroga~ory 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 cha~ge 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-Came Video Arcade, the Colecovision game console with the Coleco Expansion Module 1, or the Coleco Gemini television game console, except where the Mattel version is indicated in which case the response refers to the combination of the indicated Activision television game cartridge and the Mattel Intellevision or the Sears Tele-Came Super Video Arcade television game console. ( -1- INTERROGATORIES (NOS. 1-)
1 1 1 1? I 1 I ~ A. Pressure Cooker: The "Short-Order Sam" symbol may be moved horizontally. B. Pressure Cooker: The "Short-Order Sam" symbol may be moved vertically. C. Pressure Cooker: At least the Activision game cartridge, the joystick, the microprocessor, and the peripheral interface adapter. INTERROCATORY NO. 0 For each combination, if any, of the television game products identified in Schedule 1 to the Notice to Take Deposition dated March, (namely, "Dolphin", "Keystone Kapers", "Decathlon", "Stampede", "Cran Prix", "Barnstorming", ''Sky Jinks", "Enduro" and "Pressure Cooker") and the consoles identified in response to INTERROCATORY NO. SO of DEFE ~~ANT'S FIRST SET OF INTERROGATORIES TO PLAINTIFFS (namely, t h e Atari VCS Model 00, the Sears Tele-Came Video Arcade, and the combination of the Colecovision game console and the Expansion Module 1) which plaintiffs contend constitutes an infringement of Claim 0 of t h e Uni ted States Patent Re.,0, identify the elements which plaintiffs contend correspond to the following elements of the claim: A. A vertical synchronization signal; B. A horizontal synchronization signal; C. Means for generating vertical and horizontal synchronization signals; (? -- INTERROCATORIES (NOS. 1-)
( 1 1 1~ 1 1 0 0. Means responsive to said synchronization signals!or deflecting the beam o! a cathode ray tube to generate a raster on the screen of the tube; E. A first symbol on said screen; F. A position for the first symbol which is directly controlled by a player; G. Means coupled to said synchronization signal generating means and said cathode ray tube for generating a first symbol on said scren at a position which is directly controlled by a player; H. n second symbol on the screen which is movable; I. Means coupled to a said synchronization signal generating means and said cathode ray tube for generating a second symbol on said screen which is movable; J. A first coincidence between said first symbol and said second symbol; K. 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; L. A distinct motion imparted to said second symbol in response to said coincidence; and -0- INTERROGATORIES (NOS. 1-)
( 1 M. Means coupled to said coincidence determining means and said second symbol generating 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 0. 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 1 to the subject matter of this interrogatory. Plaintiffs object 1 t hi s interrogatory as premature. However, in order to advance the progress of this action, plaintiffs further respond to in~errogatory 0 as f ollows 1 while rese~ving the right to alter, amend, supplement or change 1 ~he response after discovery is completed and prior to trial. Each response refers to the combination of the indicated 0 Activision television game cartridge 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, except where the Mattel version is indicated in which case the response refers to the combination of I (? -- INTERROGATORIES (NOS. 1-)
( 1 1 1 1 1 0 the indicated Activision television game cartridge and the Mattel Intellevision or the Sears Tele-Game Super Video Arcade television qame console. A. Dolphin, Keystone Kapers, Decathalon, Stampede, Gran Prix, Barnstorming, Sky Jinks, Enduro, and Pressure Cooker : The vertical synchronization signals at the outputs of the television interface adapter and the television qame console. Stampede (Mattel): At least the vertical synchronization signal at the output of the television game console. B. Dolphin, Keystone Kapers, Decathalon, Stampede, Gran Prix, Barnstorming, Sky Jinks, Enduro, and Pressure Cooker : The horizontal synchronization signals at the outputs of the te l evision interface adapter and the television game console. Stampede (Mattel): At least the horizontal synchronization signal at the output of the television game console. C. Dolphin, Keystone Kapers, Decathalon, Stampede, Gran Prix, Barnstorming, Sky Jinks, Enduro, and Pressure Cooker: The Activision television game caratridge, the microprocessor, and the television interface adapter. Stampede (Mattel): The Activision television game cartridge and at least portions of the television game console. ( -- DEFENDANT ' S THIRD SET OF INTERROGATORIES (NOS. 1-)
( 1 1 1 1 1 I 0. Dolphin, Keystone Kapers, Decathalon, Stampede, Gran Prix, Barnstorming, Sky Jinks, Enduro, and Pressure Cooker: At least the horizontal and vertical deflection circuitry of the associated television receiver. Stampede (Mattel): At least the horizontal and vertical deflection circuitry of the associated television receiver. E. Dolphin: The dolphin symbol. Keystone Kapers: The "Officer Kelly" symbol. Decathalon: The hurdeler symbol. Stampede: The horse and rider symbol. ~ran Prix : The player controlled car symbol. Barnstorminq: The airplane symbol. Sky Jinks: The airplane symbol. Enduro : The player controlled car symbol. Pressure Cooker : The "Short-Order Sam" symbol. Stampede (Mattel) : The horse and rider symbol. F. Dolphin: The dolphin symbol. Keystone Kapers : The "Officer Kelly" symbol. Decathalon : The hurdeler symbol. 0 Stampede : The horse and rider symbol. ' Cran Prix : The player controlled car s~dol. Barnstorminq: The airplane symbol. Sky Jinks: The airplane symbol. Enduro : The player controlled car symbol. Pressure Cooker: The "Short-Order Sam" symbol. Stampede (Mattel): The horse and rider symbol. ( -- INTERROCATORIES (NOS. 1-)
( 1 c. Do l phin, Keystone Kapers, Decathalon, Stampede, Gran Prix, Barnstorminq, Sky Jinks, Enduro, and Pressure Cooker : At least the Activision television qame cartridqe, the joys~ick, the peripheral interface adapter, the television interface I I I adapter, and the microprocessor. St ampede (Mattel) : The Activision game cartridge and at least porti ons of the television game consol e. H. Dolphin: The squid symbol. I I Ke ystone Kapers : The beachball symbol. Decathal on: The hurdle symbols. St ampede : The cat tle symbols. Gr an Pri x : The game controlled car and bridge symbols. 1 Barnstorming: The barn, wi ndmill and goose symbols. 1 Sky Jinks : The pyl on, tree and balloon symbols. 1 Enduro: The qame controlled car symbols. 1 Pressure Cooker : The condiment symbol s. Stampede (Mattel) : The cattle symbols. 0 I. Dolphin, Keystone Kapers, Decathalon, Stampede, Gran Pri x, Barnstorminq, Sky J i nks, Enduro, and Pressure Cooker: At least the Activision television game cartridge, the television interface adapter, and the microprocessor. ( -- INTERROGATORIES (NOS. 1- }
( 1 1 1 J. Dolphin: The coincidence between the dolphin symbol and the squid symbol after the dolphin has caught a seagull by which the dolphin catches the squid. ~eystone Kapers: The coincidence between the "Officer Kelly" symbol and the beacl'lball symbol. Decathalon: The coincidence between the hurdeler symbol and any of the hurdle symbols. Stampede: The coincidence between the horse and rider symbol and any of the cattle symbols by which the cattle are herded. Cran Prix : The coincidence between the player controlled car symbol and any of the game controlled car symbo l s or the and bridge symbols. 1 Barnstorming: The coincidence between the airplane 1 symbol and any of the barn, windmill and goose symbols. 0 Sky Jinks: The coincidence between the airplane symbol and any of the pylon, tree and balloon symbols. Enduro: The coincidence between the player controlled car and any of the game controlled car symbols. -- PLAINTiffS' RESPONSE TO DEFENDANT'S THIRD SET Of INTERROGATORIES (NOS. 1-)
1 Pressure Cooker: The coincidence between the "Short-Order Sam" symbol and any of the condiment symbols by which "Short-Order Sam" catches or rejcts the condiments. Stampede (Mattel): The coincidence between the K. horse and rider symbol and any of the cattle symbols during herding. Dolphin, Keystone Kapers, Oecathalon, Stampede, Gran Prix, Barnstorming, Sky Jinks, Enduro, and Pressure Cooker: At least the Activision television game cartridge, the microprocessor wnd perhaps the television interface adapter. Stampede (Mattel): At least the Activision 1 television game cartridge and portions of the television game 1 console. 1 1 L. Dolphin: The motion of the squid symbol following coincidence. Keystone Kapers : The motion of the beachball symbol following coincidence. Decathalon: The motion of the hurdle symbol 0 " following coincidence. Stampede : The motion of the cattle symbol following coincidence. Gran Prix: The motion of the game controlled car symbol following coincidence. Barnstorming: The motion of the barn, windmill or goose symbol following coincidence. -- INTERROGATORIES (NOS. 1-)
1 Sky Jinks: The motion of the pylon, tree or ( 1 1 balloon symbol following coincidence. Enduro: The motion of the game controlled car symbol following coincidence. Pressure Cooker: The motion of the condiment symbol following coincidence. Stampede (Mattel) : The motion of the cattle symbol following coincidence. M. Dolphin, Keystone Kapers, Decathalon, Stampede, Gran Prix, Barnstorming, Sky Jinks, Enduro, and Pressure Cooker : At least the Activision television game cartridge and the microprocessor. Stampede (Mattel): At least the Activision television game cartridge and portions of the television game console. 1 1 0 I NERROGATORY NO. 1 For each combination, if any, of the television game products identified in Schedule 1 to the Notice to Take Deposition dated March, (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 game console and the Expansion Module l) which -- INTERROGATORIES (NOS. 1-)
1 plaintiffs contend constitutes an infrinqement of Claim 1 of the United State Patent Re.,0, identify the elements which plaintiffs contend correspond to the followinq elements of the claim: 1 1 1? 1 0? A. B. c. o. E. F. c. H. A third symbol on the screen of the cathode ray tube; Play control of the position of the third symbol ; Means coupled to said synchronization signal generating means and said cathode ray tube for generating a third symbol on said screen at a pusition which is controlled by a player;' A second coincidence between said third symbol and said second symbol; 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; A first coincidence between said second symbol and said second symbol; A distinct ~otion imparted to said second symbol in response to the second coincidence; and Means coupled to said second and third symbol coincidence determining means and said second symbol generatin; means for imparting a distinct motion to aaid second symbol in response to said second coincidence. -- INTERROGATORIES (NOS. 1-)
( 1 RESPONSE: Plaintiffs are at this time unable to supply all the information requested in Interrogatory 1. Plaintiffs have not completed their discovery as to the television qame 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. INTERROGATORY Nu. For each combination, if any, of the television game 1 products identified in Schedule 1 to the Notice to Take Deposition 1 dated March, (namely, "Dolphin", "Keystone Kapers", "Decathlon", "Stampede", "Gran Prix", "Barnstorminq", "Sky Jinks", "Enduro" and "Pressure Cooker") and the consoles identified in 1 response to INTERROGATORY NO. SO of DEFENDANT'S FIRST SET OF 1 INTERROGATORIES TO PLAINTIFFS (namely, the Atari VCS Model 00, the Sears Tele-Game Video Arcade, and the combination of the 0 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: ( -- INTERROGATORIES (NOS. 1-)
1 1 1 1 A. A travelinq of the aecond 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 said third or first symbol; B. A first coincidence of said second symbol with said third or first symbol; C. A second coincidence between said second symbol an said first or third symbol; and D. i1eans for causing said second symbol 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 ssecond symbol and said first or third symbol after coincidence of said second symbol with said third or first symbol. { 1 0 RESPONSE: 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 manufactured, used, and/ or sold by Activision, and the television ;ame consoles with which those eartridqes are used, and are thus -0- INTERROGATORIES (NOS. 1-)
1 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? 1 1 The foregoing objections and contentions are asserted or stated on behalf of plaintiffs by: 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 () -00 1 1 0? -1- INTERROGATORIES (NOS. 1-)
1 1 1 1 CERTIFICATE OF MAILING I hereby certify that copies of Plaintiffs ' Response To Defendant's Third Set Of Interrogatories (Nos. 1-) are being forwarded Federal Express courier service in envelopes to the followinq: and on April,. Thomas 0. Herbert, Esq. Flehr, Hohbach, Test, Albritton & Herbert Suite 00 Four Embarcadero Center San Francisco, California 1 Michael A. Ladra, Esq. Wilson, Sonsini, Goodrich & Rosati Two Palo Alto Square Palo Alto, Cali fornia 0 J ames T. Williams 1 0 (