`U.S. Patent 9,770,664
`
`UNITED STATES PATENT AND TRADEMARK OFFICE
`____________
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`____________
`
`SUPERCELL OY,
`Petitioner
`
`v.
`
`GREE, INC.,
`Patent Owner
`____________
`
`Case PGR2018-00071
`Patent 9,770,664
`____________
`
`DECLARATION OF ANDREW J. SUTTON IN SUPPORT OF
`PATENT OWNER’S PRELIMINARY RESPONSE
`
`I, Andrew J. Sutton, make the following declaration pursuant to 28 U.S.C.
`
`§1746:
`
`1.
`
`2.
`
`I am an Associate at the law firm of Ropes & Gray LLP.
`
`I provide this Declaration in connection with the above-identified Post
`
`Grant Review proceeding that is before the United States Patent and Trademark
`
`Gree Exhibit 2007
`Supercell Oy v. Gree, Inc.
`PGR2018-00071
`Page 00001
`
`
`
`PGR2018-00071
`U.S. Patent 9,770,664
`
`Office (“USPTO”). Unless otherwise stated, the facts stated in this Declaration are
`
`based on my personal knowledge.
`
`3.
`
`Exhibit 2002 is a true and correct copy of Bauckhage, et al., How
`
`Players Lose Interest in Playing a Game: An Empirical Study Based on
`
`Distributions of Total Playing Times, 2012 IEEE Conference on Computational
`
`Intelligence and Games (2012). This document was obtained at my direction from
`
`the library of Ropes & Gray LLP. This document has been marked with an exhibit
`
`label and page numbers on each page at the bottom right corner. However, no
`
`alterations, other than these noted markings, have been made to this document.
`
`4.
`
`Exhibit 2003 is a true and correct copy of Tuomas Hynninen, First-
`
`Person Shooter Controls on Touchscreen Devices: a Heuristic Evaluation of Three
`
`Games on the iPod Touch, (Nov. 2012) (M.Sc. thesis, University of Tampere)(on
`
`file With TamPub, The Institutional Repository of University of Tampere). This
`
`document was obtained at my direction from the library of Ropes & Gray LLP.
`
`This document has been marked with an exhibit label and page numbers on each
`
`page at the bottom right corner. However, no alterations, other than these noted
`
`markings, have been made to this document.
`
`5.
`
`Exhibit 2004 is a true and correct copy of Yadi Ziaeehezarjeribi,
`
`Learning strategies in play during basic training for Medal of Honor and Call of
`
`Duty video games, (2010) (Ph.D. thesis, Indiana University) (on file with the
`
`-2-
`
`PGR2018-00071 Page 00002
`
`
`
`PGR2018-00071
`U.S. Patent 9,770,664
`
`Learning and Technology Library). This document was obtained at my direction
`
`from the library of Ropes & Gray LLP. This document has been marked with an
`
`exhibit label and page numbers on each page at the bottom right corner. However,
`
`no alterations, other than these noted markings, have been made to this document.
`
`6.
`
`Exhibit 2005 is a true and correct copy of Rodrigo Vicencio-Moriera
`
`et al., The Effectiveness (or Lack Thereof) of Aim-Assist Techniques in First-
`
`Person Shooter Games, 2014 ACHM CHI Conference on Human Factors in
`
`Computing Systems (Apr. 26, 2014). This document was obtained at my direction
`
`from the library of Ropes & Gray LLP. This document has been marked with an
`
`exhibit label and page numbers on each page at the bottom right corner. However,
`
`no alterations, other than these noted markings, have been made to this document.
`
`7.
`
`Exhibit 2006 is a true and correct copy of Patent Owner’s Statutory
`
`Disclaimer of Claims 16-19 of Patent No. 9,770,664. This document has been
`
`marked with an exhibit label and page numbers on each page at the bottom right
`
`corner. However, no alterations, other than these noted markings, have been made
`
`to this document.
`
`8.
`
`I understand that willful false statements and the like are punishable
`
`by fine or imprisonment, or both. If called to testify as to the truth of the matters
`
`stated herein, I could and would testify competently.
`
`-3-
`
`PGR2018-00071 Page 00003
`
`
`
`PGR2018-00071
`U.S. Patent 9,770,664
`
`9.
`
`I declare under penalty of perjury that the foregoing is true and
`
`correct. Executed this 25th day of October, 2018, in Washington, D.C.
`
`/s/ Andrew J. Sutton
`Andrew J. Sutton
`
`-4-
`
`PGR2018-00071 Page 00004
`
`
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