`
`The following chart contains Supercell’s Invalidity Contentions demonstrating that Gratuitous Space Battles, Game and Manual1
`anticipates claims 1-14 of U.S. Patent No. 10,307,678 under 35 U.S.C. § 102 or renders the same claims obvious alone or in vie/w of
`other prior art under 35 U.S.C. § 103. Because the Court has yet to issue a claim construction in this case, fact discovery is ongoing,
`and the invalidity of the asserted claims will likely be the subject of expert discovery, these contentions are preliminary only and
`Supercell reserves the right to supplement or modify these contentions in accordance with the agreed patent-disclosure procedures and
`the Docket Control Order in this case. Additionally, and in further consideration of the preliminary stages of the case, Supercell notes
`that the pinpoint citations referenced in this chart are not exhaustive, and Supercell reserves the right to rely on additional citations
`within the reference. Furthermore, citations to any figure, table, or chart are meant to encompass the language describing the
`respective figure, table, or chart, and vice versa.
`
`These charts also incorporate analysis based upon GREE’s apparent interpretation of the asserted claims, as reflected in GREE’s
`infringement contentions to date. Supercell does not agree with GREE’s incomplete, ambiguous, and inadequate application of the
`asserted claims in those contentions. However, as detailed below, such application (to the extent that it can be reasonably ascertained)
`further renders each asserted claim invalid. Supercell further reserves its right to supplement these contentions based on further
`discovery, including any supplemental infringement contentions or any interrogatory response purporting to rebut these invalidity
`contentions provided by GREE.
`
`Additionally, Supercell notes that while certain potential obviousness arguments and combinations may be cited within these charts,
`such recitations are not exhaustive. As such, to the extent that any asserted claims are found not to be anticipated by Gratuitous Space
`Battles, Supercell reserves the right to argue that such non-anticipated claims are obvious over Gratuitous Space Battles alone, in view
`of any of the arguments raised within the charts, in view of any of the other prior art cited in Supercell’s cover pleading, or in view of
`prior art that may later become known to Supercell as part of the discovery process.
`
`
`
`
`1 Gratuitous Space Battles is a video game that was publicly available on or before November 17, 2009. The printed publications cited herein (e.g., Manual for
`Gratuitous Space Battles. Version 1.1; Gratuitous Space Battles - Gameplay How to! (part 1) - TGN available at
`https://www.youtube.com/watch?v=RCHroucekmQ; Gratuitous Space Battles - Gameplay How to! (part 2) - TGN available at
`https://www.youtube.com/watch?v=jMF_HOHxTwI) qualify as prior art to the asserted patent herein as disclosing a prior art system, as a combination of printed
`publications, or both.
`
`1
`
`Patent Owner Gree, Inc.
`Exhibit 2007 - Page 1 of 334
`
`
`
`Exhibit E-7: U.S. Patent No. 10,307,678 to Gratuitous Space Battles, Game and Manual (“Gratuitous Space Battles”)
`
`’678 Patent claim 1
`
`1 Preamble: One or
`more non-transitory
`computer readable
`media, including
`computer-program
`instructions, which when
`executed by a first
`computer, cause the first
`computer to:
`
`Gratuitous Space Battles
`
`Gratuitous Space Battles discloses one or more non-transitory computer readable media, including
`computer-program instructions, which when executed by a first computer, cause the first computer to.
`
`See, e.g., Gratuitous Space Battles at pg. 7:
`
`“Editing and Adding Ship Designs Right clicking the design icons allows you delete them, but be
`warned that this deletes the design entirely from your PC.”
`
`
`
`See, e.g., Gratuitous Space Battles at pg. 9:
`
`“Browsing Challenges. The main menu has an option for you to check your challenges. This button
`will connect online to the galactic server, so ensure your firewall will allow this, or be prepared to fix
`it if it doesn’t. We recommend doing this in windowed mode the first time.”
`
`
`
`See, e.g., Gratuitous Space Battles at pg. 10:
`
`“The enemy Admiral may have cruelly taunted you along with the challenge. Accepting a challenge
`downloads the challenger’s fleet formation to your PC, and battle can then be fought just like any
`other mission. The server will keep track of how many attempts you make to beat the challenge,
`before finally doing so.”
`
`
`
`See, e.g., Gratuitous Space Battles at pg. 10:
`
`“GSB is relatively demanding for a 2D game. Especially on your video card. You may want to turn
`some options off from the options screen. It’s also likely you might want to switch to windowed
`mode, or change the screen resolution. You can also adjust the volumes here, and similar stuff.”
`
`2
`
`Patent Owner Gree, Inc.
`Exhibit 2007 - Page 2 of 334
`
`
`
`Exhibit E-7: U.S. Patent No. 10,307,678 to Gratuitous Space Battles, Game and Manual (“Gratuitous Space Battles”)
`
`’678 Patent claim 1
`
`Gratuitous Space Battles
`
`
`
`See, e.g., Gratuitous Space Battles at pg. 10:
`
`“Ensure you have the latest video card drivers for your PC before trying anything else. If in doubt,
`try the demo first. This game uses Microsoft’s DirectX9, which should be already installed on your
`computer. Your video card must support a minimum screen height of 768 pixels. Some smaller
`netbooks do not support this and will not run the game.”
`
`
`
`To the extent this limitation is not explicitly disclosed, Supercell responds that it is inherent or obvious.
`Moreover, it would have been obvious to one of ordinary skill in the art to modify this reference so as to
`include this claim limitation in light of the knowledge possessed by one of ordinary skill in the art.
`Further, this claim limitation would have been obvious in light of numerous other U.S. patents, U.S.
`patent publications, articles, and products available at the time the asserted patent was filed, and it would
`have been obvious to combine these references to a person of ordinary skill in the art. For example, see
`at least the corresponding claim elements in the respective charts, which are incorporated by reference as
`if fully set forth herein: Mastermind, Backyard Monsters, Cho, Farone, Kim, Madden 25, Gratuitous
`Tank Battles, Sword of the Stars, Madden 25, FIFA 13, Legend of Grimrock Dungeon Editor.
`
`Gratuitous Space Battles discloses execute a game by arranging a set of plurality of game contents
`within a game space based on a player's command, the set of plurality of game contents including at
`least one game content for defending from another player's attack.
`
`See, e.g., Gratuitous Space Battles at pg. 1:
`
`3
`
`1a: execute a game by
`arranging a set of
`plurality of game
`contents within a game
`space based on a player's
`command, the set of
`plurality of game
`contents including at
`least one game content
`
`Patent Owner Gree, Inc.
`Exhibit 2007 - Page 3 of 334
`
`
`
`Exhibit E-7: U.S. Patent No. 10,307,678 to Gratuitous Space Battles, Game and Manual (“Gratuitous Space Battles”)
`
`’678 Patent claim 1
`
`for defending from
`another player's attack;
`and
`
`Gratuitous Space Battles
`
`
`
`See, e.g., Gratuitous Space Battles at pg. 2:
`
`(“Ship Design”):
`
`
`
`
`
`
`4
`
`Patent Owner Gree, Inc.
`Exhibit 2007 - Page 4 of 334
`
`
`
`Exhibit E-7: U.S. Patent No. 10,307,678 to Gratuitous Space Battles, Game and Manual (“Gratuitous Space Battles”)
`
`’678 Patent claim 1
`
`Gratuitous Space Battles
`
`
`
`See, e.g., Gratuitous Space Battles at pg. 2:
`
`“Ship Design . . . The ship hulls come in three distinct sizes, fighters, frigates and cruisers. Modules,
`which you use to equip a ship for battle, include engines, shields, armor, crew accommodation and
`weaponry beyond your wildest dreams, although evidently not beyond the sick and twisted dreams of
`the weapon designers.”
`
`
`
`See, e.g., Gratuitous Space Battles at pg. 3:
`
`5
`
`Patent Owner Gree, Inc.
`Exhibit 2007 - Page 5 of 334
`
`
`
`Exhibit E-7: U.S. Patent No. 10,307,678 to Gratuitous Space Battles, Game and Manual (“Gratuitous Space Battles”)
`
`’678 Patent claim 1
`
`Gratuitous Space Battles
`
`
`
`
`
`
`
`
`
`See, e.g., Gratuitous Space Battles at pg. 4:
`
`6
`
`Patent Owner Gree, Inc.
`Exhibit 2007 - Page 6 of 334
`
`
`
`Exhibit E-7: U.S. Patent No. 10,307,678 to Gratuitous Space Battles, Game and Manual (“Gratuitous Space Battles”)
`
`’678 Patent claim 1
`
`Gratuitous Space Battles
`
`
`
`See, e.g., Gratuitous Space Battles at pg. 4:
`
`
`
`“‘[S]urvival’ mode missions, which pit you against endless waves of enemies attacking from all
`directions. Skirmish missions can be uploaded as challenges to other players, whereas survival
`missions are strictly single-player affairs.”
`
`
`
`See, e.g., Gratuitous Space Battles at pg. 5:
`
`7
`
`Patent Owner Gree, Inc.
`Exhibit 2007 - Page 7 of 334
`
`
`
`Exhibit E-7: U.S. Patent No. 10,307,678 to Gratuitous Space Battles, Game and Manual (“Gratuitous Space Battles”)
`
`’678 Patent claim 1
`
`Gratuitous Space Battles
`
`(“The Deployment Screen):
`
`
`
`
`See, e.g., Gratuitous Space Battles at pg. 6:
`
`
`
`“You may only want to move close enough to the enemy for your long-range weapons to be able to
`blast him from kilometers away, whilst your shorter-range defensive weapons can wait for the enemy
`fighters to come to you. Some ships could be dedicated anti-cruiser ships, whilst others are anti-
`fighter.”
`
`
`
`See, e.g., Gratuitous Space Battles at pg. 7:
`
`8
`
`Patent Owner Gree, Inc.
`Exhibit 2007 - Page 8 of 334
`
`
`
`Exhibit E-7: U.S. Patent No. 10,307,678 to Gratuitous Space Battles, Game and Manual (“Gratuitous Space Battles”)
`
`’678 Patent claim 1
`
`Gratuitous Space Battles
`
`(“The Battle Screen”):
`
`
`
`
`See, e.g., Gratuitous Space Battles at pg. 7:
`
`
`
`9
`
`Patent Owner Gree, Inc.
`Exhibit 2007 - Page 9 of 334
`
`
`
`Exhibit E-7: U.S. Patent No. 10,307,678 to Gratuitous Space Battles, Game and Manual (“Gratuitous Space Battles”)
`
`’678 Patent claim 1
`
`Gratuitous Space Battles
`
`
`
`See, e.g., Gratuitous Space Battles at pg. 9:
`
`
`
`“Browsing Challenges. The main menu has an option for you to check your challenges. This button
`will connect online to the galactic server, so ensure your firewall will allow this, or be prepared to fix
`it if it doesn’t. We recommend doing this in windowed mode the first time.”
`
`
`
`See, e.g., Gratuitous Space Battles at pg. 10:
`
`“The enemy Admiral may have cruelly taunted you along with the challenge. Accepting a challenge
`downloads the challenger’s fleet formation to your PC, and battle can then be fought just like any
`other mission. The server will keep track of how many attempts you make to beat the challenge,
`before finally doing so.”
`
`10
`
`Patent Owner Gree, Inc.
`Exhibit 2007 - Page 10 of 334
`
`
`
`Exhibit E-7: U.S. Patent No. 10,307,678 to Gratuitous Space Battles, Game and Manual (“Gratuitous Space Battles”)
`
`’678 Patent claim 1
`
`Gratuitous Space Battles
`
`
`
`See, e.g., Gratuitous Space Battles at pg. 10:
`
`“Online. This screen allows you to enter your registration code and set your username for challenges.
`Your username has to be unique. Do not share your serial number with anyone else, of any species, if
`you do so, it may become disabled by antipiracy measures, and you will no longer be able to
`download or upload challenges, or patch the game. There are two windows of note on this screen.
`The first is where you enter your serial code, the second is where you select the username that you set
`to that code. Obviously at this point the game will connect to the internet, so ensure your firewall will
`not block the game from doing so.”
`
`
`
`See, e.g., Gratuitous Space Battles at pgs. 2-3:
`
`11
`
`Patent Owner Gree, Inc.
`Exhibit 2007 - Page 11 of 334
`
`
`
`Exhibit E-7: U.S. Patent No. 10,307,678 to Gratuitous Space Battles, Game and Manual (“Gratuitous Space Battles”)
`
`’678 Patent claim 1
`
`Gratuitous Space Battles
`
`
`
`See, e.g., Gratuitous Space Battles at pgs. 5-6:
`
`
`
`12
`
`Patent Owner Gree, Inc.
`Exhibit 2007 - Page 12 of 334
`
`
`
`Exhibit E-7: U.S. Patent No. 10,307,678 to Gratuitous Space Battles, Game and Manual (“Gratuitous Space Battles”)
`
`
`
`
`
`13
`
`Patent Owner Gree, Inc.
`Exhibit 2007 - Page 13 of 334
`
`
`
`Exhibit E-7: U.S. Patent No. 10,307,678 to Gratuitous Space Battles, Game and Manual (“Gratuitous Space Battles”)
`
`’678 Patent claim 1
`
`Gratuitous Space Battles
`
`
`
`See, e.g., Gratuitous Space Battles at pgs. 9-10:
`
`
`
`14
`
`Patent Owner Gree, Inc.
`Exhibit 2007 - Page 14 of 334
`
`
`
`Exhibit E-7: U.S. Patent No. 10,307,678 to Gratuitous Space Battles, Game and Manual (“Gratuitous Space Battles”)
`
`’678 Patent claim 1
`
`Gratuitous Space Battles
`
`
`
`
`
`
`
`
`
`See, e.g., https://www.youtube.com/watch?v=RCHroucekmQ (published May 29, 2011) (last accessed
`December 2, 2019):
`
`15
`
`Patent Owner Gree, Inc.
`Exhibit 2007 - Page 15 of 334
`
`
`
`Exhibit E-7: U.S. Patent No. 10,307,678 to Gratuitous Space Battles, Game and Manual (“Gratuitous Space Battles”)
`
`’678 Patent claim 1
`
`Gratuitous Space Battles
`
`
`
`
`
`See, e.g., https://www.youtube.com/watch?v=RCHroucekmQ (published May 29, 2011) (last accessed
`December 2, 2019):
`
`16
`
`Patent Owner Gree, Inc.
`Exhibit 2007 - Page 16 of 334
`
`
`
`Exhibit E-7: U.S. Patent No. 10,307,678 to Gratuitous Space Battles, Game and Manual (“Gratuitous Space Battles”)
`
`’678 Patent claim 1
`
`Gratuitous Space Battles
`
`
`
`
`
`See, e.g., https://www.youtube.com/watch?v=RCHroucekmQ (published May 29, 2011) (last accessed
`December 2, 2019):
`
`17
`
`Patent Owner Gree, Inc.
`Exhibit 2007 - Page 17 of 334
`
`
`
`Exhibit E-7: U.S. Patent No. 10,307,678 to Gratuitous Space Battles, Game and Manual (“Gratuitous Space Battles”)
`
`’678 Patent claim 1
`
`Gratuitous Space Battles
`
`
`
`See, e.g., https://www.youtube.com/watch?v=RCHroucekmQ (published May 29, 2011) (last accessed
`December 2, 2019):
`
`
`
`18
`
`Patent Owner Gree, Inc.
`Exhibit 2007 - Page 18 of 334
`
`
`
`Exhibit E-7: U.S. Patent No. 10,307,678 to Gratuitous Space Battles, Game and Manual (“Gratuitous Space Battles”)
`
`’678 Patent claim 1
`
`Gratuitous Space Battles
`
`
`
`See, e.g., https://www.youtube.com/watch?v=RCHroucekmQ (published May 29, 2011) (last accessed
`December 2, 2019):
`
`
`
`19
`
`Patent Owner Gree, Inc.
`Exhibit 2007 - Page 19 of 334
`
`
`
`Exhibit E-7: U.S. Patent No. 10,307,678 to Gratuitous Space Battles, Game and Manual (“Gratuitous Space Battles”)
`
`’678 Patent claim 1
`
`Gratuitous Space Battles
`
`
`
`
`
`See, e.g., https://www.youtube.com/watch?v=RCHroucekmQ (published May 29, 2011) (last accessed
`December 2, 2019):
`
`20
`
`Patent Owner Gree, Inc.
`Exhibit 2007 - Page 20 of 334
`
`
`
`Exhibit E-7: U.S. Patent No. 10,307,678 to Gratuitous Space Battles, Game and Manual (“Gratuitous Space Battles”)
`
`’678 Patent claim 1
`
`Gratuitous Space Battles
`
`
`
`
`
`To the extent this limitation is not explicitly disclosed, Supercell responds that it is inherent or obvious.
`Moreover, it would have been obvious to one of ordinary skill in the art to modify this reference so as to
`include this claim limitation in light of the knowledge possessed by one of ordinary skill in the art.
`Further, this claim limitation would have been obvious in light of numerous other U.S. patents, U.S.
`patent publications, articles, and products available at the time the asserted patent was filed, and it would
`have been obvious to combine these references to a person of ordinary skill in the art. For example, see
`at least the corresponding claim elements in the respective charts, which are incorporated by reference as
`if fully set forth herein: Mastermind, Backyard Monsters, Cho, Farone, Kim, FIFA 13, Madden 25,
`
`21
`
`Patent Owner Gree, Inc.
`Exhibit 2007 - Page 21 of 334
`
`
`
`Exhibit E-7: U.S. Patent No. 10,307,678 to Gratuitous Space Battles, Game and Manual (“Gratuitous Space Battles”)
`
`’678 Patent claim 1
`
`Gratuitous Space Battles
`
`1b: transmit a parameter
`to a server from the first
`computer, the server
`being capable of
`communicating with a
`second computer which
`is different from the first
`computer, the parameter
`being used for
`reproducing a template
`in the second computer,
`the template defining
`positions of the set of
`plurality of game
`contents for defending
`from another player's
`attack and the template
`being created by the first
`computer in response to
`a template creation
`command from the
`player.
`
`Gratuitous Tank Battles, JP 200, Gratuitous Space Battle, Supreme Commander, Legend of Grimrock
`Dungeon Editor, Sword of the Stars.
`
`Gratuitous Space Battles discloses transmit a parameter to a server from the first computer, the server
`being capable of communicating with a second computer which is different from the first computer, the
`parameter being used for reproducing a template in the second computer, the template defining positions
`of the set of plurality of game contents for defending from another player's attack and the template being
`created by the first computer in response to a template creation command from the player.
`
`See, e.g., Gratuitous Space Battles at pg. 1:
`
`
`
`See, e.g., Gratuitous Space Battles at pg. 2:
`
`
`
`22
`
`Patent Owner Gree, Inc.
`Exhibit 2007 - Page 22 of 334
`
`
`
`Exhibit E-7: U.S. Patent No. 10,307,678 to Gratuitous Space Battles, Game and Manual (“Gratuitous Space Battles”)
`
`’678 Patent claim 1
`
`Gratuitous Space Battles
`
`
`
`See, e.g., Gratuitous Space Battles at pg. 2:
`
`
`
`See, e.g., Gratuitous Space Battles at pg. 2:
`
`
`
`
`
`“Ship Design . . . The ship hulls come in three distinct sizes, fighters, frigates and cruisers. Modules,
`which you use to equip a ship for battle, include engines, shields, armor, crew accommodation and
`weaponry beyond your wildest dreams, although evidently not beyond the sick and twisted dreams of
`the weapon designers.”
`
`
`
`23
`
`Patent Owner Gree, Inc.
`Exhibit 2007 - Page 23 of 334
`
`
`
`Exhibit E-7: U.S. Patent No. 10,307,678 to Gratuitous Space Battles, Game and Manual (“Gratuitous Space Battles”)
`
`’678 Patent claim 1
`
`Gratuitous Space Battles
`
`See, e.g., Gratuitous Space Battles at pg. 3:
`
`
`
`
`
`
`
`
`
`See, e.g., Gratuitous Space Battles at pg. 4:
`
`24
`
`Patent Owner Gree, Inc.
`Exhibit 2007 - Page 24 of 334
`
`
`
`Exhibit E-7: U.S. Patent No. 10,307,678 to Gratuitous Space Battles, Game and Manual (“Gratuitous Space Battles”)
`
`’678 Patent claim 1
`
`Gratuitous Space Battles
`
`“‘[S]urvival’ mode missions, which pit you against endless waves of enemies attacking from all
`directions. Skirmish missions can be uploaded as challenges to other players, whereas survival
`missions are strictly single-player affairs.”
`
`
`
`See, e.g., Gratuitous Space Battles at pg. 5:
`
`
`
`See, e.g., Gratuitous Space Battles at pg. 5:
`
`
`
`See, e.g., Gratuitous Space Battles at pg. 5:
`
`
`
`25
`
`
`
`
`
`
`
`Patent Owner Gree, Inc.
`Exhibit 2007 - Page 25 of 334
`
`
`
`Exhibit E-7: U.S. Patent No. 10,307,678 to Gratuitous Space Battles, Game and Manual (“Gratuitous Space Battles”)
`
`’678 Patent claim 1
`
`Gratuitous Space Battles
`
`See, e.g., Gratuitous Space Battles at pg. 5:
`
`“There are three factors that limit the number of ships you can add to your fleet. Firstly there is the
`number of available pilots (each ship requires a single pilot, whether it’s a fighter, frigate or a
`cruiser). Secondly there is the limited budget for the fleet. Thirdly there is the amount of ‘honor’ you
`can earn from the battle. Every credit that you leave in the budget without spending is converted to
`honor if you actually win the battle. If you win a battle by a comfortable margin you might well be
`tempted to go back and have another go with a cheaper fleet in order to rack up more honor.
`Cunningly, the Admiralty honor department will only credit you with your highest level of honor
`reached for each battle. You can’t keep replaying the same battle with the same fleet and accumulate
`more honor.”
`
`
`
`See, e.g., Gratuitous Space Battles at pg. 6:
`
`
`
`See, e.g., Gratuitous Space Battles at pg. 6:
`
`
`
`“You may only want to move close enough to the enemy for your long-range weapons to be able to
`blast him from kilometers away, whilst your shorter-range defensive weapons can wait for the enemy
`fighters to come to you. Some ships could be dedicated anti-cruiser ships, whilst others are anti-
`fighter.”
`
`
`
`26
`
`Patent Owner Gree, Inc.
`Exhibit 2007 - Page 26 of 334
`
`
`
`Exhibit E-7: U.S. Patent No. 10,307,678 to Gratuitous Space Battles, Game and Manual (“Gratuitous Space Battles”)
`
`’678 Patent claim 1
`
`Gratuitous Space Battles
`
`See, e.g., Gratuitous Space Battles at pg. 7:
`
`“Editing and Adding Ship Designs Right clicking the design icons allows you delete them, but be
`warned that this deletes the design entirely from your PC.”
`
`
`
`See, e.g., Gratuitous Space Battles at pg. 7:
`
`
`
`See, e.g., Gratuitous Space Battles at pg. 9:
`
`
`
`“Browsing Challenges. The main menu has an option for you to check your challenges. This button
`will connect online to the galactic server, so ensure your firewall will allow this, or be prepared to fix
`it if it doesn’t. We recommend doing this in windowed mode the first time.”
`
`
`
`27
`
`Patent Owner Gree, Inc.
`Exhibit 2007 - Page 27 of 334
`
`
`
`Exhibit E-7: U.S. Patent No. 10,307,678 to Gratuitous Space Battles, Game and Manual (“Gratuitous Space Battles”)
`
`’678 Patent claim 1
`
`Gratuitous Space Battles
`
`See, e.g., Gratuitous Space Battles at pg. 10:
`
`“The enemy Admiral may have cruelly taunted you along with the challenge. Accepting a challenge
`downloads the challenger’s fleet formation to your PC, and battle can then be fought just like any
`other mission. The server will keep track of how many attempts you make to beat the challenge,
`before finally doing so.”
`
`
`
`See, e.g., Gratuitous Space Battles at pg. 10:
`
`“GSB is relatively demanding for a 2D game. Especially on your video card. You may want to turn
`some options off from the options screen. It’s also likely you might want to switch to windowed
`mode, or change the screen resolution. You can also adjust the volumes here, and similar stuff.”
`
`
`
`See, e.g., Gratuitous Space Battles at pg. 10:
`
`“Ensure you have the latest video card drivers for your PC before trying anything else. If in doubt,
`try the demo first. This game uses Microsoft’s DirectX9, which should be already installed on your
`computer. Your video card must support a minimum screen height of 768 pixels. Some smaller
`netbooks do not support this and will not run the game.”
`
`
`
`See, e.g., Gratuitous Space Battles at pg. 10:
`
`“The challenges listed can be toggled to be either all challenges, or those that are explicitly sent to
`you by other players. The enemy Admiral may have cruelly taunted you along with the challenge.
`Accepting a challenge downloads the challenger’s fleet formation to your PC, and battle can then be
`
`28
`
`Patent Owner Gree, Inc.
`Exhibit 2007 - Page 28 of 334
`
`
`
`Exhibit E-7: U.S. Patent No. 10,307,678 to Gratuitous Space Battles, Game and Manual (“Gratuitous Space Battles”)
`
`’678 Patent claim 1
`
`Gratuitous Space Battles
`
`fought just like any other mission. The server will keep track of how many attempts you make to beat
`the challenge, before finally doing so.”
`
`
`
`See, e.g., Gratuitous Space Battles at pg. 10:
`
`“Online. This screen allows you to enter your registration code and set your username for challenges.
`Your username has to be unique. Do not share your serial number with anyone else, of any species, if
`you do so, it may become disabled by antipiracy measures, and you will no longer be able to
`download or upload challenges, or patch the game. There are two windows of note on this screen.
`The first is where you enter your serial code, the second is where you select the username that you set
`to that code. Obviously at this point the game will connect to the internet, so ensure your firewall will
`not block the game from doing so.”
`
`
`
`See, e.g., Gratuitous Space Battles at pgs. 2-3:
`
`29
`
`Patent Owner Gree, Inc.
`Exhibit 2007 - Page 29 of 334
`
`
`
`Exhibit E-7: U.S. Patent No. 10,307,678 to Gratuitous Space Battles, Game and Manual (“Gratuitous Space Battles”)
`
`’678 Patent claim 1
`
`Gratuitous Space Battles
`
`
`
`See, e.g., Gratuitous Space Battles at pgs. 3-4:
`
`
`
`30
`
`Patent Owner Gree, Inc.
`Exhibit 2007 - Page 30 of 334
`
`
`
`Exhibit E-7: U.S. Patent No. 10,307,678 to Gratuitous Space Battles, Game and Manual (“Gratuitous Space Battles”)
`
`’678 Patent claim 1
`
`Gratuitous Space Battles
`
`
`
`
`
`See, e.g., Gratuitous Space Battles at pgs. 5-6:
`
`
`
`
`
`31
`
`Patent Owner Gree, Inc.
`Exhibit 2007 - Page 31 of 334
`
`
`
`Exhibit E-7: U.S. Patent No. 10,307,678 to Gratuitous Space Battles, Game and Manual (“Gratuitous Space Battles”)
`
`
`
`
`
`32
`
`Patent Owner Gree, Inc.
`Exhibit 2007 - Page 32 of 334
`
`
`
`Exhibit E-7: U.S. Patent No. 10,307,678 to Gratuitous Space Battles, Game and Manual (“Gratuitous Space Battles”)
`
`’678 Patent claim 1
`
`Gratuitous Space Battles
`
`
`
`See, e.g., Gratuitous Space Battles at pgs. 9-10:
`
`
`
`33
`
`Patent Owner Gree, Inc.
`Exhibit 2007 - Page 33 of 334
`
`
`
`Exhibit E-7: U.S. Patent No. 10,307,678 to Gratuitous Space Battles, Game and Manual (“Gratuitous Space Battles”)
`
`’678 Patent claim 1
`
`Gratuitous Space Battles
`
`
`
`
`
`
`
`
`
`See, e.g., https://www.youtube.com/watch?v=RCHroucekmQ (published May 29, 2011) (last accessed
`December 2, 2019):
`
`34
`
`Patent Owner Gree, Inc.
`Exhibit 2007 - Page 34 of 334
`
`
`
`Exhibit E-7: U.S. Patent No. 10,307,678 to Gratuitous Space Battles, Game and Manual (“Gratuitous Space Battles”)
`
`’678 Patent claim 1
`
`Gratuitous Space Battles
`
`
`
`
`
`See, e.g., https://www.youtube.com/watch?v=RCHroucekmQ (published May 29, 2011) (last accessed
`December 2, 2019):
`
`35
`
`Patent Owner Gree, Inc.
`Exhibit 2007 - Page 35 of 334
`
`
`
`Exhibit E-7: U.S. Patent No. 10,307,678 to Gratuitous Space Battles, Game and Manual (“Gratuitous Space Battles”)
`
`’678 Patent claim 1
`
`Gratuitous Space Battles
`
`
`
`See, e.g., https://www.youtube.com/watch?v=RCHroucekmQ (published May 29, 2011) (last accessed
`December 2, 2019):
`
`
`
`36
`
`Patent Owner Gree, Inc.
`Exhibit 2007 - Page 36 of 334
`
`
`
`Exhibit E-7: U.S. Patent No. 10,307,678 to Gratuitous Space Battles, Game and Manual (“Gratuitous Space Battles”)
`
`’678 Patent claim 1
`
`Gratuitous Space Battles
`
`
`
`See, e.g., https://www.youtube.com/watch?v=RCHroucekmQ (published May 29, 2011) (last accessed
`December 2, 2019):
`
`
`
`37
`
`Patent Owner Gree, Inc.
`Exhibit 2007 - Page 37 of 334
`
`
`
`Exhibit E-7: U.S. Patent No. 10,307,678 to Gratuitous Space Battles, Game and Manual (“Gratuitous Space Battles”)
`
`’678 Patent claim 1
`
`Gratuitous Space Battles
`
`
`
`
`
`See, e.g., https://www.youtube.com/watch?v=RCHroucekmQ (published May 29, 2011) (last accessed
`December 2, 2019):
`
`38
`
`Patent Owner Gree, Inc.
`Exhibit 2007 - Page 38 of 334
`
`
`
`Exhibit E-7: U.S. Patent No. 10,307,678 to Gratuitous Space Battles, Game and Manual (“Gratuitous Space Battles”)
`
`’678 Patent claim 1
`
`Gratuitous Space Battles
`
`
`
`
`
`See, e.g., https://www.youtube.com/watch?v=RCHroucekmQ (published May 29, 2011) (last accessed
`December 2, 2019):
`
`39
`
`Patent Owner Gree, Inc.
`Exhibit 2007 - Page 39 of 334
`
`
`
`Exhibit E-7: U.S. Patent No. 10,307,678 to Gratuitous Space Battles, Game and Manual (“Gratuitous Space Battles”)
`
`’678 Patent claim 1
`
`Gratuitous Space Battles
`
`
`
`
`
`To the extent this limitation is not explicitly disclosed, Supercell responds that it is inherent or obvious.
`Moreover, it would have been obvious to one of ordinary skill in the art to modify this reference so as to
`include this claim limitation in light of the knowledge possessed by one of ordinary skill in the art.
`Further, this claim limitation would have been obvious in light of numerous other U.S. patents, U.S.
`patent publications, articles, and products available at the time the asserted patent was filed, and it would
`have been obvious to combine these references to a person of ordinary skill in the art. For example, see
`at least the corresponding claim elements in the respective charts, which are incorporated by reference as
`if fully set forth herein: Mastermind, Backyard Monsters, Cho, Farone, Kim, Madden 25, FIFA 13,
`
`40
`
`Patent Owner Gree, Inc.
`Exhibit 2007 - Page 40 of 334
`
`
`
`Exhibit E-7: U.S. Patent No. 10,307,678 to Gratuitous Space Battles, Game and Manual (“Gratuitous Space Battles”)
`
`’678 Patent claim 1
`
`Gratuitous Space Battles
`
`Gratuitous Tank Battles, Sword of the Stars, JP 200, Gratuitous Space Battle, Supreme Commander,
`Legend of Grimrock Dungeon Editor.
`
`
`
`’678 Patent claim 2
`
`2: The one or more non-
`transitory computer
`readable media
`according to claim 1,
`wherein the parameter is
`used for reproducing the
`template in the second
`computer, the second
`computer executing the
`game by arranging
`another set of plurality
`of game contents within
`a game space based on a
`command from a player
`of second computer, the
`another set of plurality
`of game contents
`including at least one
`game content for
`
`Gratuitous Space Battles
`
`Gratuitous Space Battles discloses the parameter is used for reproducing the template in the second
`computer, the second computer executing the game by arranging another set of plurality of game
`contents within a game space based on a command from a player of second computer, the another set of
`plurality of game contents including at least one game content for defending from other player's attack.
`
`See, e.g., Gratuitous Space Battles at pg. 2:
`
`(“Ship Design”):
`
`
`
`
`41
`
`Patent Owner Gree, Inc.
`Exhibit 2007 - Page 41 of 334
`
`
`
`Exhibit E-7: U.S. Patent No. 10,307,678 to Gratuitous Space Battles, Game and Manual (“Gratuitous Space Battles”)
`
`’678 Patent claim 2
`
`defending from other
`player's attack.
`
`Gratuitous Space Battles
`
`
`
`See, e.g., Gratuitous Space Battles at pg. 2:
`
`
`
`
`
`
`
`See, e.g., Gratuitous Space Battles at pg. 2:
`
`
`
`See, e.g., Gratuitous Space Battles at pg. 2:
`
`42
`
`Patent Owner Gree, Inc.
`Exhibit 2007 - Page 42 of 334
`
`
`
`Exhibit E-7: U.S. Patent No. 10,307,678 to Gratuitous Space Battles, Game and Manual (“Gratuitous Space Battles”)
`
`’678 Patent claim 2
`
`Gratuitous Space Battles
`
`
`
`See, e.g., Gratuitous Space Battles at pg. 2:
`
`
`
`“Ship Design . . . The ship hulls come in three distinct sizes, fighters, frigates and cruisers. Modules,
`which you use to equip a ship for battle, include engines, shields, armor, crew accommodation and
`
`43
`
`Patent Owner Gree, Inc.
`Exhibit 2007 - Page 43 of 334
`
`
`
`Exhibit E-7: U.S. Patent No. 10,307,678 to Gratuitous Space Battles, Game and Manual (“Gratuitous Space Battles”)
`
`’678 Patent claim 2
`
`Gratuitous Space Battles
`
`weaponry beyond your wildest dreams, although evidently not beyond the sick and twisted dreams of
`the weapon designers.”
`
`
`
`See, e.g., Gratuitous Space Battles at pg. 3:
`
`
`
`
`
`44
`
`
`
`
`
`Patent Owner Gree, Inc.
`Exhibit 2007 - Page 44 of 334
`
`
`
`Exhibit E-7: U.S. Patent No. 10,307,678 to Gratuitous Space Battles, Game and Manual (“Gratuitous Space Battles”)
`
`’678 Patent claim 2
`
`Gratuitous Space Battles
`
`See, e.g., Gratuitous Space Battles at pg. 4:
`
`
`
`See, e.g., Gratuitous Space Battles at pg. 4:
`
`
`
`45
`
`Patent Owner Gree, Inc.
`Exhibit 2007 - Page 45 of 334
`
`
`
`Exhibit E-7: U.S. Patent No. 10,307,678 to Gratuitous Space Battles, Game and Manual (“Gratuitous Space Battles”)
`
`’678 Patent claim 2
`
`Gratuitous Space Battles
`
`
`
`See, e.g., Gratuitous Space Battles at pg. 4:
`
`
`
`“‘[S]urvival’ mode missions, which pit you against endless waves of enemies attacking from all
`directions. Skirmish missions can be uploaded as challenges to other players, whereas survival
`missions are strictly single-player affairs.”
`
`
`
`See, e.g., Gratuitous Space Battles at pg. 5:
`
`46
`
`Patent Owner Gree, Inc.
`Exhibit 2007 - Page 46 of 334
`
`
`
`Exhibit E-7: U.S. Patent No. 10,307,678 to Gratuitous Space Battles, Game and Manual (“Gratuitous Space Battles”)
`
`’678 Patent claim 2
`
`Gratuitous Space Battles
`
`(“The Deployment Screen):
`
`
`
`
`See, e.g., Gratuitous Space Battles at pg. 5:
`
`
`
`
`
`See, e.g., Gratuitous Space Battles at pg. 5:
`
`
`
`47
`
`Patent Owner Gree, Inc.
`Exhibit 2007 - Page 47 of 334
`
`
`
`Exhibit E-7: U.S. Patent No. 10,307,678 to Gratuitous Space Battles, Game and Manual (“Gratuitous Space Battles”)
`
`’678 Patent claim 2
`
`Gratuitous Space Battles
`
`
`
`See, e.g., Gratuitous Space Battles at pg. 5:
`
`
`
`See, e.g., Gratuitous Space Battles at pg. 5:
`
`
`
`
`
`48
`