`
`Michael J. Sacksteder
`msacksteder@fenwick.com | +1 415-875-2450
`
`February 10, 2021
`
` VIA EMAIL
`
`Steven D. Moore
`Kilpatrick Townsend & Stockton LLP
`Two Embarcadero Center, Suite 1900
`San Francisco, CA 94111
`smoore@kilpatricktownsend.com
`
`Re:
`
`GREE, Inc. v. Supercell Oy
`ED Texas Case Nos. 2:19-cv-00200, -00237, -00310, -00310
`
`Dear Steve:
`
`I write regarding Supercell’s proposal that the parties narrow asserted claims and prior art,
`and to reiterate Supercell’s request that GREE make its final election of asserted claims prior
`to the pretrial conference. Trial is currently scheduled for March 1, 2021, and GREE is
`currently asserting 179 claims across 12 patents:
`
`• 8 claims from the ’385 patent
`• 12 claims from the ’683 patent
`• 30 claims from the ’675 patent
`• 24 claims from the ’676 patent
`• 20 claims from the ’677 patent
`• 30 claims from the ’347 patent
`• 11 claims from the ’346 patent
`• 9 claims from the ’689 patent
`• 3 claims from the ’708 patent
`• 15 claims from the ’832 patent
`• 10 claims from the ’107 patent
`• 7 claims from the ’439 patent
`
`
`
`
`
`Patent Owner Gree, Inc.
`Exhibit 2017 - Page 1 of 2
`
`

`

`
`
`Steven D. Moore
`February 10, 2021
`PAGE 2
`
`
`
`
`On January 29, 2021, Supercell requested that GREE agree to a schedule for narrowing to the
`asserted claims and prior art that will be raised at trial. In particular, we proposed that GREE
`narrow its claims that it will assert at trial by February 8, 2021, and that Supercell narrow its
`prior art by February 12, 2021. We further proposed that consistent with the last trial, if GREE
`does not present any particular claim to the jury or if Supercell does not present any particular
`prior art to the jury, then the effect would be a reduction in the party’s trial time. (070, 071
`case, Pretrial Hearing Transcript at 8:22-9:11). In response to our email, your partner,
`Ms. Ludlam, proposed that GREE would provide its list of narrowed claims/patents by
`February 12, 2021 and Supercell would provide its narrowed prior art by February 17, 2021.
`We then proposed that particularly if GREE intended to narrow patents in addition to claims,
`we would need more than three (3) business days to narrow our prior art in response, and
`thus proposed that if GREE would agree to provide its list of narrowed claims by February 12,
`2021, Supercell would provide its narrowed prior art by February 19, 2021.
`
`I understand that during the meet and confer yesterday, you represented that GREE was only
`willing to agree to a non-final election of claims by February 12, 2021, and that it intends to
`further narrow its claims after that date. Given the breadth of claims that are currently
`asserted, please immediately confirm that GREE will make its final election of claims by
`February 12, 2021, as proposed by Ms. Ludlam, and that if GREE does not present to the jury
`any particular claim that is included in its February 12 disclosure, then the effect will be a
`reduction in the party’s trial time. GREE’s continued assertion of this many claims is abusive
`and harassing, and to the extent GREE ultimately prosecutes at trial a significantly reduced
`number of claims, we reserve the right to seek fees under § 285, in addition to any other
`remedy the Court deems appropriate.
`
`
`Sincerely,
`
`FENWICK & WEST LLP
`
`
`
`Michael J. Sacksteder
`Partner
`
`MJS:rfp
`
`
`
`
`
`Patent Owner Gree, Inc.
`Exhibit 2017 - Page 2 of 2
`
`