`FOR THE EASTERN DISTRICT OF TEXAS
`MARSHALL DIVISION
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`GREE, INC.,
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`Plaintiff,
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`v.
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`SUPERCELL OY,
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`Defendant.
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`Case No. 2:19-cv-00311-JRG
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`JURY TRIAL DEMANDED
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`GREE, INC.’S DISCLOSURE OF ASSERTED CLAIMS
`AND INFRINGEMENT CONTENTIONS
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`Pursuant to P.R. 3-1, Plaintiff GREE, Inc. (“GREE”) submits this disclosure of asserted
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`claims and infringement contentions to Defendant Supercell Oy (“Supercell”).
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`GREE’s investigation of the extent of the 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. 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 1-11 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.
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`GREE reserves the right to augment or supplement its contentions to identify additional claims
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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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`Supercell
`Exhibit 1023
`Page 1
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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 released, developed, or made available by Supercell after
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`the date on which these contentions are served, or of which GREE was not aware at the time of
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`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, publicly-available
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`information pertaining to the Accused Products, and information produced by Supercell, and
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`without notice of any non-infringement position from Supercell, GREE asserts that Supercell
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`literally infringes each element or step of the asserted claims. However, any claim element or
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`step not literally present in or performed by the Accused Products is satisfied under the doctrine
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`of equivalents because any such difference between such claim element or step and the accused
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`element or step are insubstantial. In other words, the accused element or step performs
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`substantially the same function, in substantially the same way, to achieve substantially the same
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`result.
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`As discovery has not yet begun, the parties have not exchanged potentially disputed claim
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`elements, and the Court has not construed certain claim terms, it is not yet clear whether and to
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`what extent GREE will rely on the doctrine of equivalents. Accordingly, GREE reserves the
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`right, in response to discovery, Supercell’s P.R. 3-4 production, source code review, review of
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`- 2 -
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`Supercell
`Exhibit 1023
`Page 2
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`Supercell’s contentions, exchange of proposed claim constructions, issuance of a claim
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`construction order, or as otherwise permitted under the Patent Rules, to amend its infringement
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`contentions as necessary.
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`e. The asserted claims of U.S. Pat. No. 9,079,107 claim priority to Japanese Patent
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`Application Nos. 2013-049388 (filed March 12, 2013), 2013-202682 (filed September 27, 2013),
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`and 2013-262855 (filed December 19, 2013). The asserted claims of U.S. Pat. No. 9,561,439
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`claim priority to the application that issued as U.S. Pat. No. 9,079,107, which claims priority to
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`Japanese Patent Application Nos. 2013-049388 (filed March 12, 2013), 2013-202682 (filed
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`September 27, 2013), and 2013-262855 (filed December 19, 2013).
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`f. To date, GREE has not identified its own games that practice the asserted claims
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`based on its investigation but reserves the right to amend should it later discover any games that
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`do so.
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`II. P.R. 3-2 Document Production Accompanying Disclosure
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`a. Documents responsive to P.R. 3-2(a) are being produced herewith as follows:
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`Based on its investigation to date, GREE is not aware of any discussion with, disclosure to, or
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`other manner of providing to a third party, or sale of or offer to sell, the claimed inventions prior
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`to the date of applications for the patents-in-suit. GREE continues to investigate and reserves the
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`right to supplement its production with additional readily accessible information in its
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`possession, custody, or control.
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`b. Documents that may be responsive to P.R. 3-2(b) are being produced herewith as
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`Follows: GREE EDTXcv311 0000001 - GREE EDTXcv311 0000007. GREE continues to _ _ _ _
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`investigate and reserves the right to supplement its production with additional readily accessible
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`information in its possession, custody, or control.
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`Supercell
`Exhibit 1023
`Page 3
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`c. Documents responsive to P.R. 3-2(c) are being produced herewith as follows:
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`GREE_EDTXcv311_0000008 - GREE_EDTXcv311_0001105. GREE continues to investigate
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`and reserves the right to supplement its production with additional readily accessible information
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`in its possession, custody, or control.
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`DATED: January 28, 2020
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`Respectfully submitted,
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`GILLAM & SMITH, LLP
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`By: /s/ Steven D. Moore
`MELISSA R. SMITH
`(Texas State Bar No. 24001351)
`303 South Washington Avenue
`Marshall, Texas 75670
`Telephone: (903) 934-8450
`Facsimile: (903) 934-9257
`Email: melissa@gillamsmithlaw.com
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`Supercell
`Exhibit 1023
`Page 4
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