UNITED STATES PATENT AND TRADEMARK OFFICE
`
`__________________________________
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`
`__________________________________
`
`SUPERCELL OY,
`Petitioner
`
`v.
`
`GREE, INC.,
`Patent Owner
`
`___________________________________
`
`Case: PGR2018-00008
`U.S. Patent No. 9,597,594
`
`
`
`DECLARATION OF DAVID CRANE
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`
`
`
`
`
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`Patent Owner Gree, Inc.
`Exhibit 2004 - Page 1 of 21
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`
`
`__________________________________
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`
`__________________________________
`
`SUPERCELL OY,
`Petitioner
`
`v.
`
`GREE, INC.,
`Patent Owner
`
`___________________________________
`
`Case: PGR2018-00008
`U.S. Patent No. 9,597,594
`
`
`
`DECLARATION OF DAVID CRANE
`
`
`
`
`
`
`
`Patent Owner Gree, Inc.
`Exhibit 2004 - Page 1 of 21
`
`
`
`PGR2018-00008
`U.S. Patent No. 9,597,594
`
`I. Qualifications & Background.
`1. My name is David Crane, and I reside in California. I am an independent
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`consultant. I am over eighteen years of age, and I would otherwise be competent
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`to testify as to the matters set forth herein if I am called upon to do so.
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`2.
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`I submit this Declaration at the request of GREE, Inc., for consideration by
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`the Patent Trial and Appeal Board in the post-grant review of U.S. Patent No.
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`9,597,594 (“the ’594 patent”).
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`3.
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`In forming my opinions, I rely on my knowledge and experience in the field
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`and on documents and information referenced in this Declaration. No part of my
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`compensation in this matter is dependent upon the outcome of this proceeding or
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`any issue in this proceeding.
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`4.
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`I built my first computer – an unbeatable Tic-Tac-Toe computer – at the age
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`of 14, and graduated high school with the ability to program IBM mainframe
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`computers in 3 languages.
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`5.
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`I earned a Bachelor of Science in Electronic Engineering Technology from
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`DeVry Institute of Technology in Phoenix, Arizona (“DeVry”) in 1975. While in
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`college, I was the lead hardware designer and project leader on a fully digital Tic-
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`Tac-Toe playing custom hardware project. This design featured 72 discrete
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`integrated circuits and an innovative display using polarized light to separate light
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`output into Xs and Os. In the same timeframe, I designed the first programmable
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`
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`Patent Owner Gree, Inc.
`Exhibit 2004 - Page 2 of 21
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`electronic drum machine, and a digital clock that never needed setting, designed to
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`receive a time standard over the AC power line.
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`6.
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`I began my professional engineering career at National Semiconductor in
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`1975 developing integrated circuits and working with early analog-to-digital and
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`digital-to-analog converters.
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`7.
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`In 1977, I began my career in the video game industry when I joined Nolan
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`Bushnell’s Atari Inc., (“Atari”), where I designed and developed games that
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`generated approximately $15 million in sales revenues for the company. In 1979, I
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`co-founded Activision, Inc. (“Activision”), the first third-party developer and
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`publisher of video game cartridges.
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`8.
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`Activision grew to over $300 million in value in three years, and is now one
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`of the largest, if not the largest, third party video game publishers in the world,
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`with a market capitalization of over $15 billion. During my tenure at Activision I
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`designed and programmed many hit games with unit sales over 500,000. One such
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`example is the game Pitfall!™ which sold over 3,500,000 copies, and held the #1
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`spot on the Billboard Charts for 64 consecutive weeks. Pitfall!™ generated over
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`$50 million in wholesale revenues and spawned numerous other products including
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`many sequels, toys, and a Saturday morning cartoon.
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`9.
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`After leaving Activision in 1987, I founded a series of small game
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`publishing companies, performing the same two main functions: First become the
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`Patent Owner Gree, Inc.
`Exhibit 2004 - Page 3 of 21
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`
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`company’s hardware expert on a particular game console, then design and program
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`award-winning games. Throughout this process I have developed expertise in over
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`20 video game consoles or systems, including the Atari 2600, Atari 5200, Atari
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`7800, Atari 400, Atari 800, Magnavox Odyssey II, Mattel Intellivision,
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`Colecovision, Apple II, MS-DOS, Commodore C64, Commodore C128, Nintendo
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`NES, Nintendo SNES, Nintendo Game Boy, Nintendo DS, Sega Master System,
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`Sega Genesis, Sega CD, Sony Playstation, Microsoft Xbox, Microsoft Xbox 360,
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`Nokia Series 60 feature phones, LG VX4400, LG VX6000, Apple iPhone, Apple
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`iPod touch, and Apple iPad.
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`10. As game consoles evolved, so did computer programming languages. My
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`expertise includes work in over 20 computer languages: FORTRAN, RPG,
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`COBOL, BASIC; Microprocessor Assembly Languages: 6502, Intel 8080,
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`National Semiconductor PACE 16 bit, National Semiconductor SC/MP 8 bit, GI-
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`1610, Zilog Z80, 65816, Intel 8048, 8086, 80286; Microprocessor Programming
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`Languages: C, C++, Objective C, J2ME, Brew; NEC microcontroller assembly
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`language; Scripting Languages: Lingo, Actionscript, Lua, Javascript, HTML-5;
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`Engineering Languages: SPICE, and VHDL.
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`11. A partial list of the published game titles for which I am responsible for the
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`game design and/or programming includes: Canyon Bomber, Outlaw, Slot
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`Machine, Pitfall!, Pitfall II, Lost Caverns, Freeway, Laser Blast, Fishing Derby,
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`
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`Patent Owner Gree, Inc.
`Exhibit 2004 - Page 4 of 21
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`Dragster, Grand Prix, A Boy and His Blob, The Rescue of Princess Blobette,
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`Ghostbusters, Skateboardin’, Super Skateboardin’, The Activision Decathlon,
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`T*O*Y*S, Transformers, the computer game, David Crane’s Amazing Tennis,
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`Bart Simpson’s Escape from Camp Deadly, CHOMP, Arcade Bowling, Ten Pin
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`Championship Bowling, Stellar Blast, Arcade Hoops, 3 Point Hoops, QB Pass
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`Attack, Field Goal Frenzy, Lotto Letters, Super Swish, Stellar Blast, Mariner
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`Hybrid Infomercial, Lacrosse, Beach Volleyball, Spiderman Climbing game,
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`Miller Seat Salsa, Super Cocoa Man, Break the Rules Hoops, Downfield Strike,
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`Mini Motocross, Robopup Run, Toyota 4runner Challenge, Tyco RC Speed
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`Wrench, Vertical Jam, E.T.’s Adventure, Bubble Yum Home Run Derby, Bubble
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`Yum Bullpen Blast, Gummi Savers Egg Hunt, Foul Shot Shootout, Life Savers
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`Water Park Pinball, Field Goal Challenge, Crème Savers Bowling, Golf Solitaire,
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`Skyworks Lanes Bowling, Carefree on Ice, Gummi Savers Rock-N-Skate, YIPES!
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`Photo Safari, Ice Breakers Slap Shot Shootout, Southpark Pinball, Breath Savers
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`Road Rally, Ford NASCAR racing challenge, MTv Cranks Dirt Bike Game, Ice
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`Breakers Ultimate Bobsled, Breath Savers Billiards, Snackwells Chocolate Factory
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`Pinball, Snowboard Big Air, Skate Rage Inline Skating, Candystand Miniature
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`Golf, Lifesavers Word Challenge, Candystand Open Tennis, Mountain Climbing, 3
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`Point Shootout, Grand Slam Pinball, Nabisco World Team Racing, Soccer
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`Patent Owner Gree, Inc.
`Exhibit 2004 - Page 5 of 21
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`Shootout, LifeSavers Treasure Hunt, Oreo Adventure, LifeSavers Roll-A-ball, Air
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`Crisps Slam Dunk, Fruit Chews BMX, and Postopia Bowling.
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`12.
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`I have received many awards for my work and career. Most recently, I
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`received one of the Academy of Interactive Arts and Sciences lifetime honors: The
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`Pioneer Award, celebrating my foundational and continuing work in the creation
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`and development of the video game business. This singular honor, presented to me
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`in 2010, was the inaugural award in a new category. I was the first to receive this
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`award out of everyone who had ever worked in the video game industry throughout
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`its entire history. Additional awards include Game Designer of the Year (twice),
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`the prestigious 2003 Game Developer Choice Award for contribution to the field,
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`and the Lifetime Achievement Award in Video Games from Classic Gaming Expo.
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`In addition to these personal honors, many of the individual games that I have
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`developed have also received numerous awards.
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`13.
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`I am a regular speaker and/or panelist at video game industry trade events
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`such as the D.I.C.E. Summit (Design, Innovate, Communicate & Entertain), and
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`GDC (Game Developers Conference). I have spoken at gatherings of game
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`business executives (such as at the Pepperdine University Graziadio School of
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`Business and Management), and I am featured annually at the Classic Gaming
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`Expo. I have been profiled in national press publications including Forbes
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`Patent Owner Gree, Inc.
`Exhibit 2004 - Page 6 of 21
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`Magazine and Newsweek, and I have been interviewed by such diverse
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`publications as television’s 20/20 News Magazine and the G4 Television Network.
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`14. My complete academic background and professional experience are set forth
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`in my Curriculum Vitae, a copy of which is attached hereto as Appendix A.
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`15.
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`I relied on the foregoing training, knowledge, and experience in the relevant
`
`art in formulating the opinions expressed herein.
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`II. Materials Considered.
`16.
`I have reviewed and considered the following documents in forming the
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`opinions set forth in my declaration:
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`a. The ’594 patent (filed as Exhibit 1001 by Supercell OY).
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`b. Supercell OY’s Petition for Post-Grant Review of the ’594 patent.
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`c. GREE, Inc.’s Patent Owner Preliminary Response.
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`d. Supercell OY’s Reply to the POPR.
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`e. GREE, Inc.’s Sur-Reply.
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`f. The Board’s Decision to Institute Review of the ’594 patent.
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`g. Exhibit 1002 – the prosecution history of the ’594 patent.
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`h. Exhibit 1003 – Correspondence Chess in Wales.
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`i. Exhibit 1004 – Correspondence Chess in America.
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`j. Exhibit 1005 – Microsoft Computer Dictionary, 4th Ed. (1999)
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`
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`Patent Owner Gree, Inc.
`Exhibit 2004 - Page 7 of 21
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`k. Exhibit 1006 – USPTO Memorandum on Subject Matter Eligibility
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`(May 4, 2016).
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`III. Legal Standards Applied.
`17.
`I have been informed and understand that a claim in an unexpired patent
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`shall be given its broadest reasonable construction in light of the patent’s
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`specification. I have been informed and understand that claim terms are generally
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`given their ordinary and customary meaning as would be understood by a person of
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`ordinary skill in the art in the context of the entire disclosure.
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`18.
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`I have been informed and understand that an invention is patent-eligible if it
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`claims a new and useful process, machine, manufacture, or composition of matter,
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`but laws of nature, natural phenomena, and abstract ideas are not patentable. I
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`have been informed and understand that the inquiry determine whether or not an
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`invention is patent-eligible has two steps: (1) determine whether the claim is
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`directed to a patent-ineligible abstract idea, and (2) if so, whether the elements of
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`the claim both individually and as an ordered combination transform the nature of
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`the claim in a patent-eligible application of the abstract idea. I have been informed
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`and understand that claims reciting well-understood, routine, conventional activity
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`in the field are insufficient to render the claims patent-eligible, and the question of
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`whether a claim element or combination of elements is well-understood, routine
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`and conventional to a skilled artisan in the relevant field is a question of fact.
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`Patent Owner Gree, Inc.
`Exhibit 2004 - Page 8 of 21
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`IV. Level of Ordinary Skill in the Art.
`19. A person of ordinary skill in the art (“POSA”) would possess at least an
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`associate degree in the field of computer science (or a related discipline, such as
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`computer engineering, to the extent the course of study involved the design and
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`programming of graphical user interfaces) and at least two years of practical (e.g.,
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`work) experience in the field of video-game programming and interface design. If
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`the POSA did not obtain a formal degree, then they would have at least four years
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`of practical (e.g., work) experience in the field of video-game programming and
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`interface design. In addition, a POSA would have training or experience in game
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`theory and the development of game rules or mechanics.
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`V.
`Issues Related to Video Games
`20. The video game is a unique entertainment technology which, while certainly
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`an outgrowth of computer technology, is far more than simply the use of a
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`computer to automate a previously known paper and pen process.
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`21. Video game creators are continually challenged to develop new and unique
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`ways of allowing players to interact and play, and the challenges faced by video
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`game creators often require the development of creative and innovative methods in
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`order to advance the state of the art.
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`
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`Patent Owner Gree, Inc.
`Exhibit 2004 - Page 9 of 21
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`
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`A. Video Games Present Unique Problems
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`22. Video games tend to be simulations of fantasy worlds, whether the player is
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`placed on the field with famous football players or launched into space. A video
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`game uses computer technology to simulate elements like gravity, Newton’s laws
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`of motion, and even the real-world limitation that two objects cannot occupy the
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`same space. But the fact that gravity and other physical laws exist in the real world
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`does not diminish the inventiveness required in order to simulate such things
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`within the confines of a computer algorithm.
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`23. The style of game at issue in this case, the “castle defense” or “city building”
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`genre, is such a simulation. Key elements in this genre are the strategic placement
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`of assets and the ability to react to changes in strategy that result from one’s
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`opponent’s actions. Given the fact that asset placement and strategy are important
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`to the game, any system or method that improves on a player’s ability to
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`implement positions and strategy should be considered a protectable innovation.
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`24.
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`In addition, players of video games are interconnected through their
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`interface to the computer system, and the fact that players are interconnected
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`through the computer system means that it should be possible to identify
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`innovative improvements to the genre through said interconnection. The interface
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`between players and the shared game world is achieved through a well-designed
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`user interface.
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`Patent Owner Gree, Inc.
`Exhibit 2004 - Page 10 of 21
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`B. The Art of User-Interface Design
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`25.
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`In a computer system, the user-interface (UI) represents the connection
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`between a computer and its user. We are all familiar with input devices such as the
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`mouse and the keyboard, but the user-interface is much more than just the physical
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`elements operated by the user. A lot of design and creativity goes into the way in
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`which the input devices interact with specific software. The computer mouse was
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`a hardware innovation, but the design of how the mouse was used to convey to a
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`computer program the wishes of the user, (such as a mouse pointer, pull-down
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`menus, highlight marquis - to name a few concepts), was arguably the more
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`important innovation.
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`26. A video game is a subset of computer programs in which competition is
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`involved, and a video game's user-interface can be a very important aspect of a
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`game's design, particularly as video games have evolved. Gone are the days when
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`a player can turn a single knob to move a Pong paddle up and down to intercept a
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`moving dot. Modern video games rely heavily on user-interface design, often
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`requiring creative, innovative, and highly technical UI solutions in order to achieve
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`the goals set by the game's design.
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`27. Designers working in the field of video games encounter problems specific
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`to the genre, and creative solutions to these problems can be addressed through
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`Patent Owner Gree, Inc.
`Exhibit 2004 - Page 11 of 21
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`
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`innovative UI design. Improving ease of use, decreasing complexity, and reducing
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`user boredom can all be goals in the art of user-interface design.
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`VI. Opinions Regarding the ’594 Patent.
`28. As seen in the Abstract, the '594 Patent is directed toward a method for
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`"improving the usability of city building games". The Specification describes in
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`detail UI design elements to accomplish said improved usability.
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`A. Problems addressed by the '594 Patent
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`29. The '594 Specification details issues faced by players of prior art city
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`building games, including:
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`"... a city built by one player is attacked by a different player" Ex.
`1001 at 1:45-46
`
`"... the city (arrangement of items such as protective walls, buildings
`that are subject to an attack, protecting soldiers, weapons, etc.) is one
`of factors for deciding the winning and losing, or superiority and
`inferiority." Ex. 1001 at 1:46-50
`
`"... since the items (game contents) of a city of a player increase as the
`city develops, it is very complicated for a player to change positions,
`types, levels, etc., of individual items." Ex. 1001 at 1:50-53
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`"... it is hard to understand what kind of effect changing a city would
`have against an attack from a different player." Ex. 1001 at 1:53-55
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`30. The '594 Specification identifies a resulting trend in tendencies exhibited by
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`players of prior art city building games:
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`
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`Patent Owner Gree, Inc.
`Exhibit 2004 - Page 12 of 21
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`"Therefore, many players have limited themselves to change only
`certain kinds of items, such as soldiers and weapons, for which
`changing positions, types, levels, etc., is easy." [Ex. 1001 at 1:55-58]
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`"As a result, as the game progresses, it becomes monotonous, and
`players might become bored with it." Ex. 1001 at 1:58-60
`
`31. The Specification's observation regarding monotony and boredom may be
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`true, and the invention described in the '594 Patent may indeed reduce monotony
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`and boredom. But I believe a POSA would understand that the goal of the
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`invention is not merely to reduce monotony, but rather to improve the design of
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`city building games over prior art games by addressing problems in the interface
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`design for this genre of game.
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`B. The "Template" as described by the '594 Patent
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`32. The '594 Patent describes both the creation and application of templates
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`specific to the operation of competitive city building games. As described, the
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`‘594 template defines numbers, types, and positions into which game elements can
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`be configured at a future point during game play. It is this future use of a given
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`template that provides an innovative improvement in the game play of a city
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`building game. With the use of the seemingly generic term “template”, the ‘594
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`Specification is describing strategic behavior models, or stratagems.
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`33. Throughout the course of playing a competitive city building game, a
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`player’s strategy must change according to the changing conditions caused by the
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`
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`Patent Owner Gree, Inc.
`Exhibit 2004 - Page 13 of 21
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`actions of one’s opponents. Forces need to be redeployed and fortifications
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`repaired, or rebuilt and/or moved. In prior art games of this genre a player is
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`limited to making small, incremental moves of game pieces in order to adjust his or
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`her strategy in response to changing conditions. The ‘594 templates offer the
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`ability to apply large-scale predetermined stratagems to the in-game environment
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`at precisely the needed time.
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`34. Thus these stratagem templates provide a strategic advantage during play
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`that improves the overall game play experience. Templates providing such
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`strategic information as claimed were not well-known, routine, or conventional in
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`the field at the time of the ’594 patent.
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`1. Template Creation
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`35. The creation of a template from the game space is illustrated in FIG. 3. Each
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`template defines the placement of categories of elements, such as a castle, walls,
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`houses, etc.
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`36. A template can be created based on a specific layout:
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`“Further, a "Confirm" button 312 is displayed in the lower portion of
`the area selection screen 310, and by pushing this button, a command
`is given to create a template for the selected area 311.” Ex. 1001 at
`6:46-49
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`37. Once created, each template is stored in a table, as shown in FIG. 2D (with
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`references to FIG. 2C).
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`Patent Owner Gree, Inc.
`Exhibit 2004 - Page 14 of 21
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`
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`FIG. 2B, FIG. 2C, FIG.2D
`38. FIG. 2B contains in-game facilities, FIG. 2C contains a list of in-game
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`facility types, and FIG. 2D shows template T_001, which in this case includes one
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`each of Wall type, House type, and Castle type and the positions of each.
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`39. Note that the template table does not refer to specific in-game facilities (e.g.
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`those in FIG. 2B), but rather to types of facilities (recorded in FIG. 2C). It is
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`important to note that by recording element types, each template reflects a pre-
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`determined strategic relationship between possible in-game elements. Whether, or
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`even if, specific in-game elements will be disposed into this strategic pattern will
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`not be determined until said template is applied in the game. And how this
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`template will affect the game play is based on which, if any, facilities of the proper
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`types are available at the time of deployment.
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`Patent Owner Gree, Inc.
`Exhibit 2004 - Page 15 of 21
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`40. The templates described by the ‘594 Patent might also be provided through
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`other means:
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`“Although in the above description, a player creates templates
`himself/herself, templates may also be distributed from a service-side
`server 3, or may be acquired from other players.” Ex. 1001 at 8:42-45
`
`41.
`
`In any case, whether created by the game player or made available through
`
`some other source, these templates represent a strategic behavior model that can be
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`used during future game play.
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`2. Template Application
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`42. Once a template has been created, it can be applied to the game space during
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`game play. As noted above, this application of a previously-created behavioral
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`model represents an innovation in the UI design of competitive city building
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`games.
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`43. The application of a template to the game space is illustrated in FIG. 4. A
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`selected template is placed, causing in-game elements to be rearranged according
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`to a pre-determined behavioral strategy recorded in the template.
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`“Assume that the template 410 has been applied to an area 421 within
`the game space 420. The number of types of facilities and the number
`of facilities in each type arranged within the game space 420 are equal
`to the number of types of facilities and the number of facilities in each
`type, respectively, positions of the facilities being defined by the
`template 410. Thus, all facilities arranged within the game space 420
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`
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`Patent Owner Gree, Inc.
`Exhibit 2004 - Page 16 of 21
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`
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`are moved to positions of facilities as defined by the template 410.
`Actually, facilities 422 to 425 arranged outside of the area 421 are
`moved to positions of these facilities within the area 421. 420'
`illustrates the game space 420 after the facilities 422 to 425 have been
`moved.” Ex. 1001 at 7:37-48
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`
`
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`Elements from FIG. 4 (annotations added)
`44. Comparing 420' (right diagram above) to 420 (left diagram above) we see
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`that game elements that had been located outside the area affected by the
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`placement of the template have been moved into a desired position.
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`45. The application of a template in this context serves to move many (if not all)
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`of a player’s game pieces simultaneously according to a pre-determined strategy by
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`a single command from the player. This is a game changer, achieving a result that
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`is not possible through operational methods known in prior art games in which
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`elements are moved singly, regardless of how quickly single moves might be
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`made.
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`
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`Patent Owner Gree, Inc.
`Exhibit 2004 - Page 17 of 21
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`
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`46. To be clear, moving multiple game pieces simultaneously provides a
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`demonstrably different in-game result than moving game pieces singly. Multiple
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`defensive elements can be deployed to protect a key asset; multiple offensive
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`elements can be deployed against a smaller offensive force; defensive lines can be
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`strengthened on multiple fronts in a single turn, etc.
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`47. Moving multiple game pieces with a single UI event can dramatically alter
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`the interaction between the forces controlled by each player, achieving an
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`instantaneous shift in strategy that affects multiple aspects of a battle
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`simultaneously. Thus it is more than merely a process for automating a manually-
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`achievable purpose, it provides for an improvement in applying strategy to the
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`game play.
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`VII. Opinions Regarding Bingo and Correspondence Chess
`48. Petitioner suggests that prior art games such as bingo and correspondence
`
`chess are examples of games that use templates as defined in the ‘594 Patent. I
`
`don’t find that either of these examples disclose the use of templates by any
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`reasonable definition of the term.
`
`A. A Bingo Card is Not a Template
`
`49.
`
`In citing the case Planet Bingo, LLC v. VKGS LLC, Petitioner reports that:
`
`“The Federal Circuit determined that the claimed concept of
`managing a bingo game “consists solely of mental steps which can be
`carried out by a human using pen and paper,” and thus the patent was
`
`
`
`
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`Patent Owner Gree, Inc.
`Exhibit 2004 - Page 18 of 21
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`
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`held abstract.” Petition at 21
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`50. Petitioner further asserts that:
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`“The ’594 patent’s claimed concept of creating and applying a
`template also consists entirely of mental steps that can be carried out
`by a human, either mentally, using pen and paper, or with real-world
`game pieces.” Id. At 22
`
`51.
`
`I disagree. As an initial matter, I am not aware of any pen and paper game,
`
`or a game with real-world game pieces in existence prior to the ‘594 Patent that use
`
`a pre-determined template to modify in-game strategy (nor has Petitioner identified
`
`any example to support this claim).
`
`52. The ‘594 template is an innovation that applies to a specific genre of video
`
`game that cannot be played on pen and paper.
`
`53. As for the game of bingo specifically, there is no strategic layout of in-game
`
`elements involved, either initially or during game play. A player begins with a
`
`fixed game card which, by definition, represents no strategic value from one to the
`
`next. That player then stamps boxes based on the random drawing of numbers. At
`
`no point in the process is there any strategy, nor is the player allowed to modify the
`
`non-existent strategy during game play.
`
`54. Nor is there any “template defining second positions of one or more of the
`
`game contents”, and the game does not progress “by arranging the game contents
`
`within the game space based on a command by a player” as required by Claim 1.
`
`
`
`
`
`Patent Owner Gree, Inc.
`Exhibit 2004 - Page 19 of 21
`
`
`
`55.
`
`I see no correlation between the concepts disclosed by the ‘594 Patent and
`
`the game of bingo.
`
`B. The Chessboard is Not a Template
`
`56. Like bingo, a game of correspondence chess begins with a fixed board
`
`layout out of the control of the player, and therefore with no strategic significance.
`
`Each player makes a single move, mailing said move to his or her opponent.
`
`57. Petitioner likens the information on this postcard to the ‘594 template:
`
`“… by indicating on the post card the first player’s intended move, the
`player creates a template defining game contents” Petition at 22.
`
`58.
`
`I disagree. In my opinion, given the disclosures in the ‘594 specification, a
`
`POSA would not consider the broadest reasonable interpretation of the term
`
`“template” to be so broad as to include a chess move written onto a postcard.
`
`Petitioner goes on to assert that:
`
`“… by sending the post card to the second player, the first player
`applies the template to a predetermined area” Petition at 22.
`
`59. But if writing the player’s move onto a post card “creates a template
`
`defining game contents” Id., the first player cannot have “[applied a template] to a
`
`predetermined area based on the command by the player” as required by Claim 1.
`
`C. Only a Compendium of Individual Moves
`
`60. Neither a bingo card – either partially or completely filled, nor a snapshot of
`
`a correspondence chess game in progress represents a template of any kind. These
`
`
`
`
`
`Patent Owner Gree, Inc.
`Exhibit 2004 - Page 20 of 21
`
`
`
`examples represent the sum total of sequential game play events, achieved during
`
`normal game play, which would be no different than taking a snapshotof any turn-
`
`based game after each player has completed a turn — thus reading out the template
`
`functionality disclosed in the *594 Patent.
`
`61.
`
`Similarly, there is no “template defining second positions of one or more of
`
`the game contents”, nor does the game progress “by arranging the game contents
`
`within the game space based on a commandby a player” as required by Claim 1.
`
`VU.
`
`SUMMARY
`
`62.
`
`[note that my analysis is continuing and that I may modify or supplement
`
`my conclusionsas I receive additional information. I declare under penalty of
`
`perjury that the foregoing Declaration is true and correct.
`
`Dated: July 3, 2018
`
`David Crane
`
`Patent Owner Gree, Inc.
`Exhibit 2004 - Page 21 of 21
`
`Patent Owner Gree, Inc.
`Exhibit 2004 - Page 21 of 21
`
`
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