`FOR THE EASTERN DISTRICT OF TEXAS
`MARSHALL DIVISION
`
`GREE, INC.,
`
`Plaintiff,
`
`v.
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`SUPERCELL OY,
`
`Defendant.
`
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`§
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`Case No. 2:19-cv-00311-JRG-RSP
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`JURY TRIAL DEMANDED
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`GREE, INC.’S AMENDED DISCLOSURE OF ASSERTED CLAIMS
`AND INFRINGEMENT CONTENTIONS
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`Pursuant to Paragraph 3(a)(i) of the Discovery Order in this case (Dkt. 30), Plaintiff
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`GREE, Inc. (“GREE”) submits this amended disclosure of asserted claims and infringement
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`contentions to Defendant Supercell Oy (“Supercell”).
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`GREE’s investigation of the extent of infringement is ongoing, and the following
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`disclosures are based solely on the information currently available to GREE. GREE reserves the
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`right to supplement or modify these disclosures as new information, including any additional
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`source code, becomes available, whether through discovery or otherwise.
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`I.
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`P.R. 3-1 Disclosure of Asserted Claims and Infringement Contentions
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`a. Supercell literally infringes the following claims, directly and indirectly:
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`i. Claims 1-7, and 9-11 of U.S. Pat. No. 9,079,107; and
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`ii. Claims 1-7 of U.S. Pat. No. 9,561,439.
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`Supercell’s infringement is further detailed in the claim charts attached as Exhibits A-F. GREE
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`reserves the right to augment or supplement its contentions to identify additional claims
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`- 1 -
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`Supercell
`Exhibit 1019
`Page 1
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`
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`infringed by Supercell after discovery, including upon reviewing additional source code, or as
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`otherwise permitted under the Patent Rules.
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`b. Supercell’s infringement pertains to the Accused Products identified in Exhibits
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`A-F. GREE expects that this disclosure may be subject to amendment or supplementation to
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`identify and accuse additional products or product features released, developed, or made
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`available by Supercell after the date on which these contentions are served, or of which GREE
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`was not aware at the time of these contentions.
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`c. Charts identifying where each element or step of the asserted claims is found
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`within, or performed by, each Accused Product are attached as Exhibits A-F. The charts are
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`based on publicly-available information and information produced by Supercell that is currently
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`accessible to GREE. GREE reserves the right to offer additional evidence to prove Supercell’s
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`infringement in its expert reports, and in motions and at trial.
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`d. Based on its current understanding of the claim language and available
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`information pertaining to the Accused Products, and without notice of any non-infringement
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`position from Supercell, GREE asserts that Supercell literally infringes each element or step of
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`the asserted claims. However, any claim element or step not literally present in or performed by
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`the Accused Products is satisfied under the doctrine of equivalents because any such differences
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`between such claim element or step and the accused element or step are insubstantial. In other
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`words, the accused element or step performs substantially the same function, in substantially the
`
`same way, to achieve substantially the same result.
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`
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`As discovery has not yet been completed, the parties have only recently exchanged
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`disputed claim terms and constructions, and the Court has not yet construed certain claim terms,
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`it is not yet clear whether and to what extent GREE will rely on the doctrine of equivalents.
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`
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`- 2 -
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`Supercell
`Exhibit 1019
`Page 2
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`
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`Accordingly, GREE reserves the right, in response to further discovery, further source code
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`review, review of Supercell’s contentions, issuance of a claim construction order, or as otherwise
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`permitted under the Patent Rules, to amend its infringement contentions as necessary.
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`- 3 -
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`Supercell
`Exhibit 1019
`Page 3
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`
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`CERTIFICATE OF SERVICE
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`I hereby certify that the foregoing document has been delivered to all counsel of record
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`with a copy of this document via electronic mail on August 3, 2020.
`
`/s/ Norris P. Boothe
`Norris P . Boothe
`Kilpatrick Townsend & Stockton LLP
`
`- 4 -
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`Supercell
`Exhibit 1019
`Page 4
`
`
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