UNITED STATES PATENT AND TRADEMARK OFFICE
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`
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
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`
`
`SUPERCELL OY,
`Petitioner
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`v.
`
`GREE, INC.,
`Patent Owner
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`
`
`
`Case: PGR2018-00036
`U.S. Patent No. 9,662,580
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`
`DECLARATION OF DAVID CRANE
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`
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`
`
`
`SUPERCELL OY,
`Petitioner
`
`v.
`
`GREE, INC.,
`Patent Owner
`
`
`
`
`Case: PGR2018-00036
`U.S. Patent No. 9,662,580
`
`
`DECLARATION OF DAVID CRANE
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`I. Introduction
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`1.
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`I, David Crane, state that I am over the age of eighteen (18) and am
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`otherwise competent to make this declaration.
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`2.
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`I have been retained as an expert witness on behalf of GREE, Inc.
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`(“Patent Owner”) in connection with the above-identified proceeding. I submit this
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`declaration at the request of Patent Owner for consideration by the Patent Trial and
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`Appeal Board in the post-grant review (“PGR”) of U.S. Patent Number 9,662,580
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`(“the ‘580 Patent”). I have been retained to provide my independent, technical
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`opinion regarding the ‘580 Patent with respect to the challenges set forth in the
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`accompanying Petition for Post-Grant Review of the ‘580 Patent.
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`3.
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`I am being compensated for my time in connection with this matter at
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`my standard consulting rate of $450/hour. I have no personal stake nor interest in
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`the outcome of the present proceeding.
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`4.
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`In formulating my opinions, I rely on my personal knowledge and
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`experience in the field and on documents and information referenced in this
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`declaration. No part of my compensation in this matter is dependent upon the
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`outcome of this proceeding or any issue in this proceeding. If called to testify about
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`this declaration, I could and would do so competently and truthfully.
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`PGR2018-00036 Exhibit 2001 Page 2
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`II. My Background and Qualifications
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`5.
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`I am a known video game designer, video game industry pioneer, and
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`expert with close to four decades of experience at the forefront of video game design
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`and development. Of particular relevance, I have co-founded several game
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`companies, valued today in the billions of dollars. I have also designed and
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`programmed over 80 commercial game products generating over $400 million in
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`revenues. I have developed games on a large percentage of video game systems
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`invented, from the early days of Atari and Magnavox through to present-day
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`systems.
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`6.
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`I built my first computer – an unbeatable Tic-Tac-Toe computer – at
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`the age 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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`7.
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`I earned a Bachelor of Science in Electronic Engineering Technology
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`from DeVry Institute of Technology in Phoenix, Arizona (“DeVry”) in 1975. While
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`in 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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`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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`PGR2018-00036 Exhibit 2001 Page 3
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`8.
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`I began my professional engineering career at National Semiconductor
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`in 1975 developing integrated circuits and working with early analog-to-digital and
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`digital-to-analog converters.
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`9.
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`In 1977, I began my career in the video game industry when I joined
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`Nolan 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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`10. Activision grew to over $300 million in value in three years, and is now
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`one of the largest, if not the largest, third party video game publisher 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 $50
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`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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`11. 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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`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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`PGR2018-00036 Exhibit 2001 Page 4
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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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`12. As game consoles evolved, so did computer programming languages.
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`My expertise includes work in over 20 computer languages: FORTRAN, RPG,
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`COBOL, BASIC; Microprocessor Assembly Languages: 6502, Intel 8080, National
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`Semiconductor PACE 16 bit, National Semiconductor SC/MP 8 bit, GI-1610, Zilog
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`Z80, 65816, Intel 8048, 8086, 80286; Microprocessor Programming Languages: C,
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`C++, Objective C, J2ME, Brew; NEC microcontroller assembly language; Scripting
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`Languages: Lingo, Actionscript, Lua, Javascript, HTML-5; Engineering Languages:
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`SPICE, and VHDL.
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`13. A partial list of the published game titles for which I am responsible for
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`the 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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`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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`PGR2018-00036 Exhibit 2001 Page 5
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`T*O*Y*S, Transformers, the computer game, David Crane’s Amazing Tennis, Bart
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`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 Hybrid
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`Infomercial, Lacrosse, Beach Volleyball, Spiderman Climbing game, Miller Seat
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`Salsa, Super Cocoa Man, Break the Rules Hoops, Downfield Strike, Mini
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`Motocross, Robopup Run, Toyota 4runner Challenge, Tyco RC Speed Wrench,
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`Vertical Jam, E.T.’s Adventure, Bubble Yum Home Run Derby, Bubble Yum
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`Bullpen Blast, Gummi Savers Egg Hunt, Foul Shot Shootout, Life Savers Water
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`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 Golf,
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`Lifesavers Word Challenge, Candystand Open Tennis, Mountain Climbing, 3 Point
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`Shootout, Grand Slam Pinball, Nabisco World Team Racing, Soccer Shootout,
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`LifeSavers Treasure Hunt, Oreo Adventure, LifeSavers Roll-A-ball, Air Crisps Slam
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`Dunk, Fruit Chews BMX, and Postopia Bowling.
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`PGR2018-00036 Exhibit 2001 Page 6
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`14.
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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 and
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`development of the video game business. This singular honor, presented to me in
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`2010, was the inaugural award in a new category. I was the first to receive this award
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`out of everyone who had ever worked in the video game industry throughout its
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`entire history. Additional awards include Game Designer of the Year (twice), the
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`prestigious 2003 Game Developer Choice Award for contribution to the field, and
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`the Lifetime Achievement Award in Video Games from Classic Gaming Expo. In
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`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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`15.
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`I am a regular speaker and/or panelist at video game industry trade
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`events such as the D.I.C.E. Summit (Design, Innovate, Communicate & Entertain),
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`and 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 Expo.
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`I have been profiled in national press publications including Forbes Magazine and
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`Newsweek, and I have been interviewed by such diverse publications as television’s
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`20/20 News Magazine and the G4 Television Network.
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`PGR2018-00036 Exhibit 2001 Page 7
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`16. My complete academic background and professional experience are set
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`forth in my Curriculum Vitae, a copy of which is attached hereto as Exhibit 2002.
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`17.
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`I relied on the foregoing training, knowledge, and experience in the
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`relevant art in formulating the opinions expressed herein.
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`III. Materials Considered
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`18.
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`I have reviewed and considered the following documents in forming
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`the opinions set forth in this declaration:
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`a. Petition for Post Grant Review of U.S. Patent 9,662,580;
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`b. Exhibit 1001: U.S. Patent No. 9,662,580 (“the ‘580 Patent”);
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`c. Exhibit 1002: Prosecution History of U.S. Patent No. 9,662,580;
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`d. Exhibit 1003: Microsoft Computer Dictionary, Fourth Edition (1999);
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`e. Exhibit 1004: USPTO Memorandum on Recent Subject Matter
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`Eligibility Decisions, dated May 19, 2016;
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`f. Exhibit 1005: USPTO Memorandum on Recent Subject Matter
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`Eligibility Decisions, dated November 2, 2016;
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`g. Patent Owner Preliminary Response to Petition for Post Grant Review
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`of U.S. Patent No. 9,662,580; and
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`h. Patent Trial and Appeal Board’s Decision to Institute Post-Grant
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`Review.
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`PGR2018-00036 Exhibit 2001 Page 8
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`IV. Applicable Legal Standards
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`19.
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`I have been informed and understand that claims are construed from the
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`perspective of a person of ordinary skill in the art (“POSITA”) at the time of the
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`claimed invention, and that a claim in an unexpired patent shall be given its “broadest
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`reasonable construction in light of the specification.” I understand that the “broadest
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`reasonable construction,” often
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`referred
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`to as
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`the “broadest
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`reasonable
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`interpretation” (BRI), of a claim term “must be consistent with the ordinary and
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`customary meaning of the term (unless the term has been given a special definition
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`in the specification), and must be consistent with the use of the claim term in the
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`specification and drawings. Further, the broadest reasonable interpretation of the
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`claims must be consistent with the interpretation that those skilled in the art would
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`reach.” (MPEP § 2111).
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`20.
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`I have been informed and understand that an invention is patent-eligible
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`if it claims a new and useful process, machine, manufacture, or composition of
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`matter, or any new and useful improvement thereof, but laws of nature, natural
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`phenomena, and abstract ideas are not patentable. I have been informed and
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`understand that the inquiry determinative of whether or not an invention is patent-
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`eligible has two steps: (1) determine whether the claim is directed to a patent-
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`ineligible concept, and (2) if so, determine whether the elements of the claim,
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`considered both individually and as an ordered combination, transform the nature of
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`PGR2018-00036 Exhibit 2001 Page 9
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`the claim into a patent-eligible application. I have been informed and understand that
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`claims reciting well-understood, routine, conventional activity in the field are
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`insufficient to render the claims patent-eligible, and the question of whether a claim
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`element or combination of elements is well-understood, routine and conventional to
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`a skilled artisan in the relevant field is a question of fact.
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`21.
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`I have been informed and understand that a claim must particularly
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`point out and distinctly claim the subject matter. I have been informed and
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`understand that a claim is indefinite when it contains words or phrases whose
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`meaning is unclear. I have been informed and understand that the definiteness
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`requirement is not a demand for unreasonable precision, and the amount of clarity
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`that is required necessarily invokes some standard of reasonable precision in the use
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`of language in the context of the circumstances. I have been informed and understand
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`that whether claims are sufficiently definite is based on the perspective of one of
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`ordinary skill in the art in view of the entire written description and prosecution
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`history.
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`V. Level of Ordinary Skill in the Art
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`22.
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`I understand that U.S. patent law interprets patents from the point of
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`view of a person of ordinary skill in the art (“POSITA”). I have been informed by
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`counsel and I understand that the POSITA is a hypothetical person who is presumed
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`to be familiar with the relevant scientific field and its literature at the time of the
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`PGR2018-00036 Exhibit 2001 Page 10
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`invention. This hypothetical person is also a person of ordinary creativity capable of
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`understanding the scientific principles applicable to the pertinent field.
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`23.
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`In my opinion, a POSITA, with regard to the ‘580 Patent, would possess
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`at least an associate degree in the field of computer science (or a related academic
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`field) and at least two additional years of practical (e.g., work) experience in the field
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`of video game programming and development. If the POSITA did not obtain a
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`formal degree, then a POSITA would have at least four years of practical (e.g., work)
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`experience in the field of video game programming and development, or an
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`equivalent field of study. In addition, a POSITA would have training or familiarity
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`with social games that allow several players to participate in the same game, and that
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`use a community-forming network service called a social networking service.
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`24. Based on my educational background and work experience, I am and
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`was familiar with the technology at issue as of the time the application leading to the
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`‘580 Patent was filed. My educational background and experience also allow me to
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`evaluate what knowledge a POSITA, as defined above, would have because I have
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`worked with, and have had technical discussions with many people with similar
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`qualifications.
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`25.
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`I believe I am familiar with what such a POSITA, as defined above,
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`would understand from reading the ‘580 Patent, or other evidence included in the
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`record of this post-grant review. In this declaration, when discussing what a
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`PGR2018-00036 Exhibit 2001 Page 11
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`document discloses or suggests, I am describing what I believe a POSITA would
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`have understood as being disclosed or suggested by the document at the time of the
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`invention.
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`VI. Overview of Social Video Games
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`26. The video game is a unique entertainment technology which, while
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`certainly 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. Online video
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`games, and in particular social games, create a communal space within a virtual
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`environment.
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`27. Social games tend to be simulations of fantasy worlds that encourage
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`interaction among real-life players. Within these fantasy worlds, players may
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`compete directly against one another, collaborate as team members, chat over
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`communication lines, or engage in any combination of these so-called ‘social
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`interactions.’
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`28. Video games use computer technology to simulate real-world and
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`fictional objects. In particular, video games involve a program that manipulates data
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`objects stored in the memory of a computer. When the computer program is
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`compiled and executed by a processor, it can generate visual feedback on a graphical
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`user interface, such as a TV screen or computer monitor, which is visible to a player.
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`Social video games also allow players to communicate with other participants of the
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`PGR2018-00036 Exhibit 2001 Page 12
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`game, for example, over the Internet. To access online social games, the ‘580 Patent
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`explains, for example:
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`[S]ocial games use community-type network services
`called social networking services (hereinafter called
`“SNS”). For example, a player (game user) logs in or signs
`in a platform provided by an SNS provider, and registers
`for specific games or services in advance as needed so that
`the player can play various social games prepared there.
`Ex. 1001 at 1:16-21.
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`29. Modern gaming is often a highly social activity. For decades, video
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`game developers have facilitated social gaming by including multiplayer modes or
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`other forms of shared play. Recently, video games designed as strictly multiplayer
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`experiences have garnered significant popularity. The ‘580 Specification describes
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`one such social game, in particular, in which players may interact via battles:
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`As a system (social game system) for playing social games
`that make effective use of SNS characteristics, there is
`known, for example, a system for a competition event such
`as a battle (fighting) where characters (player characters)
`operated by multiple players attacks one or more enemy
`characters. In this case, each player becomes a member of
`a specific group, and if the player defeats the enemy
`characters, various rewards such as points or items
`available in the game can be given to each individual
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`PGR2018-00036 Exhibit 2001 Page 13
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`player or the group to which these players belong. Ex.
`1001 at 22-31.
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`30. As the social gaming industry grows, so too must the game mechanics
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`that entice players to purchase and play the game. Video game creators understand
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`that player retention is critical to the success and longevity of any video game.
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`Therefore, creators are continually challenged to develop new and unique ways of
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`allowing players to interact and play, and the challenges faced by video game
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`creators often require the development of creative and innovative methods in order
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`to advance the state of the art.
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`VII. Opinions Regarding the ‘580 Patent
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`A. The Technical Problem Described in the ‘580 Patent
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`31. The ‘580 Patent is directed to an improvement in video game
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`technology designed to enhance user experience, and thus promote continued and/or
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`new participation in the video game. In particular, the ‘580 Patent describes a
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`technical improvement for controlling digital content in a multiplayer battle game,
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`in which players form, for example, groups and combine their efforts to execute
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`attacks on program-controlled enemy characters. As generally described in the ‘580
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`Specification, for example:
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`The player connects the terminal device to the server
`configured as such through a communication line so that
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`PGR2018-00036 Exhibit 2001 Page 14
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`the player can participate in a game including a
`predetermined intergroup event online or offline. At this
`time, the player can create or form a new group in the
`game at the player's discretion or by any trigger, such as
`an invitation or introduction from any other player, can
`belong to an existing group. This allows the player to
`participate in the intergroup event as a member of the
`belonging group. The control unit provided in the server
`accesses the information related to the game stored in the
`information storage unit, performs various computations
`on the game using the information, and displays game
`images as computational results on the terminal device as
`a game screen so that the game can progress along the
`game settings. Ex. 1001 at 2:18-32.
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`32. The ‘580 Specification correctly identifies a problem that exists among
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`conventional social games. Specifically, social games employ the same, almost
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`ubiquitous, reward system to track players’ completion and mastery over the game.
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`[I]n such a conventional social game, points or items
`available in the game and given when each player defeats
`the enemy characters are fixed to some extent. Ex. 1001 at
`1:35-37.
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`33. The ‘580 Specification further explains that, as a consequence of this
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`redundancy:
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`PGR2018-00036 Exhibit 2001 Page 15
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`[T]he player is less likely to have a factor in come-from-
`behind victory in relation to the other players, and it must
`be said that the game lacks unexpectedness, dramatic
`impact, and taste. This might cause a reduction in the
`player's motivation to participate in the game or continue
`the game, and hence in the interest in and real enjoyment
`of the entire game. Ex. 1001 at 1:38-44.
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`
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`34. There are several aspects to this problem, including both behavioral and
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`technical components. The ‘580 Patent Specification and Claims are directed toward
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`a technical, game-design solution in order to address this problem.
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`35. The technical barrier results from in-game mechanics, or the various
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`operations afforded to the player within a game context and their resulting
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`consequences to a particular game state. For example, it was well known in the art
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`at the time of the invention for video game reward systems to follow a traditional
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`“fixed” reward model.
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`36. Historically, the “fixed” reward system found in conventional social
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`games, as described as background in the ‘580 Patent, can be traced back to the role-
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`playing games (“RPG”) of the 1970’s. RPGs began as tabletop games, often set in a
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`fantasy environment reminiscent of Tolkien’s fictional world described in his best-
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`selling fantasy novel series Lord of the Rings. The first—and to this day the most
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`popular—RPG was called Dungeons and Dragons (“D&D”), first published in 1974
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`PGR2018-00036 Exhibit 2001 Page 16
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`by TSR, and subsequently published by Wizards of the Coast, now a subsidiary of
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`Hasbro.1 Dungeons and Dragons is generally played using several books such as the
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`Player’s Handbook and Dungeon Master’s Guide, as well as other items such as dice,
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`maps, miniatures, tokens, and cards. The images below show a table-top Dungeons
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`and Dragons game.
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`
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`37. D&D’s gameplay innovation was the creation and control of individual
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`characters, each defined by a unique set of attributes and characteristics. For
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`example, each character was a member of a race, such as goblin, elf or human. Each
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`character had a class, which represented their occupation, such as a sorcerer, wizard,
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`paladin, ranger, or druid. Each character was associated with a group of ratings
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`which represented their abilities, such as their strength, dexterity, intelligence,
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`wisdom, charisma and constitution. Finally, each player had a continuing-updating
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`set of “vital signs,” in the form of a health rating (hit points), experience points
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`1 See Dungeons & Dragons, Forty Years of Adventure, http://dnd.wizards.com/dungeons-and-
`dragons/what-dd/history/history-forty-years-adventure
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`PGR2018-00036 Exhibit 2001 Page 17
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`(XPs) and a character level. A character’s level reflected the character’s experience
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`in their class. When a character gained enough experience, their level and other
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`abilities increased.
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`38. When presented with a challenge or battle, these data points associated
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`with the character (i.e., their strength, their level, etc.), in combination with a dice
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`roll and the D&D rules book, were used to determine the rewards by which the
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`characters progressed in the game. Of significance is the fact that the outcome of the
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`conflict and the subsequent reward was driven by (fixed) data tables supplied in the
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`D&D rule book.
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`39. Sample D&D data tables are shown below.2 3 Referring to the table on
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`the left, a character with 2,700-6,499 experience points would receive a Proficiency
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`Bonus (i.e., a reward) for leveling up to level 5. The table to the right refers
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`specifically to the reward for challenging and defeating a monster. XP points are
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`awarded to the player based on the challenge rating of the monster. In this example,
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`defeating a monster with a challenge rating of 5 would earn the player a reward of
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`1,800 experience points.
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`2 Dungeons & Dragons Beyond, Step-By-Step Characters,
`https://www.dndbeyond.com/compendium/rules/basic-rules/step-by-step-characters#3DetermineAbilityScores
`3 Dungeons & Dragons Beyond, Monsters, https://www.dndbeyond.com/compendium/rules/basic-
`rules/monsters#MonsterStatistics
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`PGR2018-00036 Exhibit 2001 Page 18
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`40. Therefore, as described in the background section of ‘580 Patent, in the
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`reward system of D&D, “points or items available in the game and given when each
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`player defeats the enemy characters are fixed to some extent.” Ex. 1001 at 1:35-37.
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`41. Significantly, many video games, including the more recent social
`
`games, have followed the RPG format pioneered by D&D. Some video game RPGs
`
`were sold under an official Dungeons and Dragons license, including for example,
`
`Pool of Radiance for the Nintendo Entertainment System (“NES”), Advanced
`
`Dungeons & Dragons: Heroes of the Lance for the NES, Eye of the Beholder for the
`
`Super NES and Game Boy Advance, and Dungeon Hack for MS-DOS computers.
`
`In the late 1990s, a series of hugely popular RPG games were produced using the
`
`D&D license, including Baldur’s Gate (1998), Icewind Dale (2000), and
`
`Neverwinter Nights (2002).
`
`
`
`
`
`PGR2018-00036 Exhibit 2001 Page 19
`
`
`
`42.
`
`Jon-Paul Dyson, the Vice President for Exhibits and Director of the
`
`International Center for the History of Electronic Games at the Strong National
`
`Museum of Play, wrote of the influence of Dungeons and Dragons on the “basic
`
`game mechanics” of today’s video games:
`
`The computer role-playing game (RPG) genre that these
`developers pioneered soon encompassed thousands of
`titles featuring warriors, wizards, dwarves, and dragons…
`But Dungeons and Dragons did much more than inspire
`thousands of computer RPGs. It also shaped the basic
`game mechanics—the DNA of game play—of a
`significant proportion of later computer games. When
`Gary Gygax and Dave Arneson, D&D’s creators, adapted
`their rules for miniature play to a fantasy environment,
`they created numerical systems for calculating numerous
`aspects of fantasy play, from the increases in experience
`players gained from slaying opponents and finding
`treasure to the likelihood that a combatant’s blow would
`strike an opponent. The highly statistical nature of D&D
`lent itself well to computers that produced random
`numbers as well as dice and calculated charts of hit
`probabilities quicker than a D&D dungeon master.
`Consider these common features of fantasy computer
`games: hit points, experience points and levels, character
`races and classes, the need to acquire personal possessions
`like armor and weapons, and the impetus to fight
`
`
`
`
`
`PGR2018-00036 Exhibit 2001 Page 20
`
`
`
`progressively fierce monsters. Video games adapted all
`these conventions, directly or indirectly, from pen-and-
`paper versions of Dungeons and Dragons. The game’s
`influence, moreover, extends far beyond just fantasy
`games. The numerical measurement and representation of
`many game components, from health in a first-person
`shooter such as Doom to the hunger and hygiene motives
`of The Sims, likewise descend from Dungeons & Dragons’
`mechanics, even if a sword or a sorcerer never appears in
`any of these titles.4
`
` In my opinion, a person of ordinary skill in the art of video games
`
`43.
`
`would recognize the fact that the fixed challenge and reward systems used in
`
`conventional social games as described in the patent can be traced back to the system
`
`defined in Dungeons and Dragons.
`
`44. Solving the technical problems created by this barrier is an important
`
`part of the design of a multiplayer game. For any game, design goals include
`
`maximizing player accessibility and usability of the game through its interface and
`
`the mechanics of the game. The outcome of a battle in a multiplayer game is an
`
`element under the control of the game’s designer, and it is reasonable to apply
`
`
`4 Jon-Paul Dyson, The Influence of Dungeons and Dragons on Video Games, THE STRONG (May 6, 2011),
`http://www.museumofplay.org/blog/chegheads/2011/05/the-influence-of-dungeons-and-dragons-on-video-games
`(emphasis added)
`
`
`
`
`
`PGR2018-00036 Exhibit 2001 Page 21
`
`
`
`innovations to the game mechanic in order to maximize player engagement and
`
`retention of the game.
`
`B. The Invention Described in the ‘580 Patent is an Inventive Game
`Mechanic for Multiplayer Online Battle Games
`
`45. The solution provided by the ‘580 Claims is “a control apparatus, a
`
`control method, a computer-readable recording medium, and a game system” for
`
`controlling digital content within a multiplayer battle game. In particular, the ‘580
`
`Patent improves the way that data objects associated with a social game are stored
`
`in computer memory by providing flexibility regarding rewards that other social
`
`games did not provide. The innovative mechanics of the games reward system is an
`
`improvement to social video games.
`
`46. The ‘580 Claims recite the specific components for implementing this
`
`mechanic executed in a multiplayer battle game.
`
`Claim 1: “…storing, by a memory for storing information
`related to a game in which a plurality of players can
`participate, information defining a plurality of groups to
`which said players belong, a reward providing condition,
`rewards, and reward box information for a plurality of
`reward boxes each associated exclusively with a
`respective one of said groups, as part of the information
`related to the game…”
`
`
`
`
`
`
`PGR2018-00036 Exhibit 2001 Page 22
`
`
`
`Claim 7: “… associating a plurality of reward boxes
`exclusively to respective groups of the players…”
`
`Claim 8: “…wherein the memory holds a reward
`providing condition, rewards, and reward box information
`relating to a plurality of reward boxes, each associated
`exclusively with a respective group of players, as part of
`the information related to the game…”
`
`Claim 9: “…wherein the memory holds information
`defining a plurality of groups to which said players belong,
`a reward providing condition, rewards, and reward box
`information for a plurality of reward boxes each associated
`exclusively with a respective one of said groups as part of
`the information related to the game…”
`
`for storing
`Claim 10: “…non-transitory memory
`information related to a game in which a plurality of
`players can participate, and storing information defining a
`plurality of groups to which said players belong, a reward
`providing condition, rewards, and reward box information
`for a plurality of reward boxes each associated exclusively
`with a respective one of said groups as part of the
`information related to the game…”
`
`As further explained in the ‘580 file history:
`
`
`
`PGR2018-00036 Exhibit 2001 Page 23
`
`47.
`
`
`
`
`
`[T]here are a plurality of treasure boxes, each associated
`with a different group of players, and the successful player
`in a given encounter takes his reward from his group's
`respective
`treasure box….this enhances
`the player
`experience and the interaction both between different
`players and between a player and the non-player program
`by facilitating sudden shifts in the relative standing of the
`players. Ex. 1002 at 71.
`
`48. The ‘580 Patent explains that the arithmetic processing unit of the
`
`server allocates rewards to respective boxes. Ex. 1001 at 8:41-53. This mechanic is
`
`different from conventional social game systems which follow the conventional
`
`reward determination method as discussed above in my discussion on Dungeons and
`
`Dragons. In a conventional social game, rewards that are earned are not specific to
`
`any character or match; rather, they are taken from one general pool of rewards based
`
`on the rules of the game
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