`
`Exhibit A-4 - Preliminary Invalidity Contentions - U.S. Patent No. 10,518,177 to Suzuki
`Based on U.S. Patent Application Publication No. 2013/0281173 to Gilson et al. (“Gilson”), or Gilson in combination
`with U.S. Patent No. 7,905,769 to Harrison, Jr. (“Harrison”)
`
`The following chart contains Supercell’s Invalidity Contentions demonstrating that Gilson anticipates Claims 1, 3, 5-8, 10, and 12-17
`of U.S. Patent No. 10,518,177 under 35 U.S.C. § 102 or renders the same claims obvious alone or in view 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 Gilson, Supercell
`reserves the right to argue that such non-anticipated claims are obvious over Gilson 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.
`
`
`
`
`
`
`
`
`
`
`
`
`
`Patent Owner Gree, Inc.
`Exhibit 2005 - Page 1 of 41
`
`

`

`
`
`
`
`177 Patent Claim 1
`
`[Element 1-Preamble]
`A non-transitory
`computer-readable
`recording medium storing
`instructions to be
`executed by one or a
`plurality of computers
`capable of being used by
`a player conducting a
`battle game, the
`instructions causing the
`one or a plurality of
`computers to execute
`steps of:
`
`Disclosure from Gilson
`
`Gilson discloses a non-transitory computer-readable recording medium storing instructions to be
`executed by one or a plurality of computers capable of being used by a player conducting a battle
`game, the instructions causing the one or a plurality of computers to execute steps of:
`“FIG. 7 shows an example of four cards that are similar to the cards of FIG. 5, but which may be
`employed in an online or electronic version of a card game. Here, various different creature cards
`are shown, although various other cards may be employed, such as spell cards, or item cards.” ¶
`[0040]
`“Game play under the example of FIGS. 5 through 7 generally involves combining two or more
`pentagonal “minion” cards together to make an “abomination” which players use to attack or
`block one another.” ¶ [0041]
`“Referring to FIG. 9, one embodiment of the invention employs a computer 900, such as a
`personal computer or workstation, having one or more processors 901 coupled to one or more user
`input devices 902 and data storage devices 904. The computer is also coupled to at least one
`output device such as a display device 906 and one or more optional additional output devices 908
`(e.g., printer, plotter, speakers, tactile or olfactory output devices, etc.). The computer may be
`coupled to external computers, such as via an optional network connection 910, a wireless
`transceiver 912, or both.” ¶ [0098]
`
`2
`
`Patent Owner Gree, Inc.
`Exhibit 2005 - Page 2 of 41
`
`

`

`
`
`177 Patent Claim 1
`
`Disclosure from Gilson
`
`
`“Aspects of the invention may be practiced in a variety of other computing environments. For
`example, referring to FIG. 10A, a distributed computing environment with a web interface
`includes one or more user computers 1002 in a system 1000 are shown, each of which includes a
`browser program module 1004 that permits the computer to access and exchange data with the
`Internet 1006, including web sites within the World Wide Web portion of the Internet.” ¶ [0100]
`“At least one server computer 1008, coupled to the Internet or World Wide Web (“Web”) 1006,
`performs much or all of the functions for receiving, routing and storing of electronic messages,
`such as web pages, audio signals, and electronic images.” ¶ [0101]
`
`3
`
`Patent Owner Gree, Inc.
`Exhibit 2005 - Page 3 of 41
`
`

`

`
`
`177 Patent Claim 1
`
`Disclosure from Gilson
`
`
`
`
`“Aspects of the invention may be stored or distributed on computer-readable media, including
`magnetically or optically readable computer discs, hard-wired or preprogrammed chips (e.g.,
`EEPROM semiconductor chips), nanotechnology memory, biological memory, or other data
`storage media. Indeed, computer implemented instructions, data structures, screen displays, and
`other data under aspects of the invention may be distributed over the Internet or over other
`networks (including wireless networks), on a propagated signal on a propagation medium (e.g., an
`electromagnetic wave(s), a sound wave, etc.) over a period of time, or they may be provided on
`any analog or digital network (packet switched, circuit switched, or other scheme). Those skilled
`in the relevant art will recognize that portions of the invention reside on a server computer, while
`corresponding portions reside on a client computer such as a mobile or portable device, and thus,
`
`4
`
`Patent Owner Gree, Inc.
`Exhibit 2005 - Page 4 of 41
`
`

`

`
`
`177 Patent Claim 1
`
`[Element 1-A]
`displaying, on a first
`field, a plurality of cards
`selected from a deck
`which is a stack of virtual
`cards;
`
`Disclosure from Gilson
`while certain hardware platforms are described herein, aspects of the invention are equally
`applicable to nodes on a network.” ¶ [0106]
`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.
`
`Gilson, or alternatively, Gilson in combination with Harrison discloses displaying, on a first field,
`a plurality of cards selected from a deck which is a stack of virtual cards:
`Gilson
`“Then, during their turn, players can do the following in any order:
`Put a card from their hand into the mana zone, which can only be done once per turn
`Put a minion card from their hand into play, as described below
`Put an item card from their hand into play,
`Play a spell card, or
`Attack with one or more abominations…..” ¶¶ [0048]-[0053]
`
`5
`
`Patent Owner Gree, Inc.
`Exhibit 2005 - Page 5 of 41
`
`

`

`
`
`177 Patent Claim 1
`
`Disclosure from Gilson
`
`
`
`
`Harrison
`“Physical or Electronic Card Game System” Col. 10, line 59
`“A playing surface and various materials for use in the game are depicted in FIG. 40B, which
`elements are labeled in FIG. 40B itself, e.g., dice used in the game and an example of the various
`states in which cards can be in the game: a draw pile, which comprises cards that have not yet
`been drawn by the user into his or her hand; a user's hand, which the user can view and from
`which cards can be selected for deployment; a deployed (“active”) landing card; an active standing
`
`6
`
`Patent Owner Gree, Inc.
`Exhibit 2005 - Page 6 of 41
`
`

`

`
`
`177 Patent Claim 1
`
`Disclosure from Gilson
`card; an active, unspent force card based upon a standing card; and a discard pile, into which cards
`are put once they have been “destroyed” during play.” Col. 13, lines 1-11
`
`
`
`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
`
`7
`
`Patent Owner Gree, Inc.
`Exhibit 2005 - Page 7 of 41
`
`

`

`
`
`177 Patent Claim 1
`
`[Element 1-B]
`during a first term of the
`battle game, conducting a
`battle to a first opponent
`character based on a
`parameter set on a card
`selected by a player's
`operation under a first
`battle condition, wherein
`the first battle condition
`is not changed during the
`first term;
`
`Disclosure from Gilson
`the asserted patent was filed, and it would have been obvious to combine these references to a
`person of ordinary skill in the art.
`
`Gilson, or alternatively, Gilson in combination with Harrison discloses during a first term of the
`battle game, conducting a battle to a first opponent character based on a parameter set on a card
`selected by a player's operation under a first battle condition, wherein the first battle condition is
`not changed during the first term:
`Gilson
`“Game play under the example of FIGS. 5 through 7 generally involves combining two or more
`pentagonal “minion” cards together to make an “abomination” which players use to attack or
`block one another. The power of an abomination is equal to a sum of powers of the cards,
`represented by strength or attack values 512. As noted above, each card has two text boxes, one
`which shows through when combined together (text box 514), and one that does not (text 506).
`The color coded transparent area 508 when combined with the colored area of an underlying card,
`determines whether or not abilities described in text 506 apply to a given abomination or not.
`Cards in the game can break apart abominations, or recombine them into different abominations.”
`¶ [0041]
`“At the start of each turn, players do the following:
`1. Draw one soul counter, with the winner being the first to obtain 20 such counters;
`2. Draw two cards;
`3. Untap any tapped mana cards;
`4. Put a soul counter from their pool onto each of their abominations and/or unstacked minions
`(characters/creatures) that don't have one.” ¶¶ [0043]-[0047]
`“Then, during their turn, players can do the following in any order:
`Put a card from their hand into the mana zone, which can only be done once per turn
`Put a minion card from their hand into play, as described below
`
`8
`
`Patent Owner Gree, Inc.
`Exhibit 2005 - Page 8 of 41
`
`

`

`
`
`177 Patent Claim 1
`
`Disclosure from Gilson
`Put an item card from their hand into play,
`Play a spell card, or
`Attack with one or more abominations…..” ¶¶ [0048]-[0053]
`“To play a minion, item or spell card, a player must pay a mana cost 516 associated with that card.
`To do this, the player must tap mana equal to the mana or casting cost of that card. At least one of
`the mana tap must match the color of the card being played. Minion cards may be played onto
`another stacked minion, or onto an existing abomination, or where a player can start a new
`stack.” ¶ [0056]
`“Only abominations can attack, and abominations cannot attack the turn they are played.
`Abominations cannot attack the same turn that another layer is added to them, although the
`abomination can attack first, and then a layer added before the end of the turn. To attack with an
`abomination, a player removes the soul counter from it and returns it to the player's soul counter
`pool. Abominations may attack singularly or as a team. If the opponent has an abomination with a
`soul counter on it, that opponent may choose to block. Blocking does not remove the soul counter
`from the blocker. If the attacking abomination is blocked, both abominations deal damage to each
`other equal to their power. Damage is dealt to the top layer down in a stack. If the abomination is
`not blocked, then that player steals soul counters from the opponent equal to the number of layers
`of the attacking abomination.” ¶ [0056]
`“Timers may be employed in any of the games described herein. Such timers can tell a player
`when that player can use a card's ability again. In a game with real-time elements, associating a
`timer with a card lets the player use the card's ability. The player can not use the card or the timer
`again until the timer runs out. Timers can be set for differing amounts of time, and thus such
`timers can be appropriately marked to distinguish between different time periods.” ¶ [0076]
`“The game may be augmented with an audio-visual component, such as a videotape or DVD. This
`audio-visual component may provide instruction or guidance as to how to play the game. Further,
`such audio-visual component can provide for timing or progress of play. For example, the audio-
`visual component can provide audio or visual indication as to when players are to begin each
`round of play.” ¶ [0110]
`
`9
`
`Patent Owner Gree, Inc.
`Exhibit 2005 - Page 9 of 41
`
`

`

`
`
`177 Patent Claim 1
`
`Disclosure from Gilson
`
`[Element 1-C-i]
`at a conclusion of the first
`term of the battle game,
`automatically initiating a
`second term of the battle
`game, and
`
`Harrison
`“The face of this card 3901 also includes several surface segments indicating mood effects 3907
`on the abilities of this card; each mood effect is identified by a mood number 3906. A mood of a
`round of play is determined 2503 at the beginning of the round as per the process depicted in FIG.
`25. A mood effect associated with the mood number that is the mood of a given round of play
`applies to this card 3901 for the entire round.” Col. 12, lines 52-59
`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.
`
`Gilson discloses at a conclusion of the first term of the battle game, automatically initiating a
`second term of the battle game:
`“The game may be augmented with an audio-visual component, such as a videotape or DVD. This
`audio-visual component may provide instruction or guidance as to how to play the game. Further,
`such audio-visual component can provide for timing or progress of play. For example, the audio-
`visual component can provide audio or visual indication as to when players are to begin each
`round of play.” ¶ [0110]
`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.
`
`10
`
`Patent Owner Gree, Inc.
`Exhibit 2005 - Page 10 of 41
`
`

`

`
`
`177 Patent Claim 1
`
`[Element 1-C-ii]
`during the second term of
`the battle game continued
`from the first term,
`conducting the battle to a
`second opponent
`character based on the
`parameter set on the card
`selected by the player's
`operation under a second
`battle condition, wherein
`the second battle
`condition is different
`from the first battle
`condition and is
`predetermined
`independent from a battle
`result of the first term,
`and the first opponent
`character and the second
`opponent character are
`same or different, and
`wherein the second battle
`condition is not changed
`during the second term;
`and
`
`Disclosure from Gilson
`
`Gilson, or alternatively, Gilson in combination with Harrison discloses during the second term of
`the battle game continued from the first term, conducting the battle to a second opponent character
`based on the parameter set on the card selected by the player's operation under a second battle
`condition, wherein the second battle condition is different from the first battle condition and is
`predetermined independent from a battle result of the first term, and the first opponent character
`and the second opponent character are same or different, and wherein the second battle condition
`is not changed during the second term:
`Gilson
`“Game play under the example of FIGS. 5 through 7 generally involves combining two or more
`pentagonal “minion” cards together to make an “abomination” which players use to attack or
`block one another. The power of an abomination is equal to a sum of powers of the cards,
`represented by strength or attack values 512. As noted above, each card has two text boxes, one
`which shows through when combined together (text box 514), and one that does not (text 506).
`The color coded transparent area 508 when combined with the colored area of an underlying card,
`determines whether or not abilities described in text 506 apply to a given abomination or not.
`Cards in the game can break apart abominations, or recombine them into different abominations.”
`¶ [0041]
`“At the start of each turn, players do the following:
`1. Draw one soul counter, with the winner being the first to obtain 20 such counters;
`2. Draw two cards;
`3. Untap any tapped mana cards;
`4. Put a soul counter from their pool onto each of their abominations and/or unstacked minions
`(characters/creatures) that don't have one.” ¶¶ [0043]-[0047]
`“Then, during their turn, players can do the following in any order:
`Put a card from their hand into the mana zone, which can only be done once per turn
`Put a minion card from their hand into play, as described below
`
`11
`
`Patent Owner Gree, Inc.
`Exhibit 2005 - Page 11 of 41
`
`

`

`
`
`177 Patent Claim 1
`
`Disclosure from Gilson
`Put an item card from their hand into play,
`Play a spell card, or
`Attack with one or more abominations…..” ¶¶ [0048]-[0053]
`“To play a minion, item or spell card, a player must pay a mana cost 516 associated with that card.
`To do this, the player must tap mana equal to the mana or casting cost of that card. At least one of
`the mana tap must match the color of the card being played. Minion cards may be played onto
`another stacked minion, or onto an existing abomination, or where a player can start a new
`stack.” ¶ [0056]
`“Only abominations can attack, and abominations cannot attack the turn they are played.
`Abominations cannot attack the same turn that another layer is added to them, although the
`abomination can attack first, and then a layer added before the end of the turn. To attack with an
`abomination, a player removes the soul counter from it and returns it to the player's soul counter
`pool. Abominations may attack singularly or as a team. If the opponent has an abomination with a
`soul counter on it, that opponent may choose to block. Blocking does not remove the soul counter
`from the blocker. If the attacking abomination is blocked, both abominations deal damage to each
`other equal to their power. Damage is dealt to the top layer down in a stack. If the abomination is
`not blocked, then that player steals soul counters from the opponent equal to the number of layers
`of the attacking abomination.” ¶ [0056]
`“Timers may be employed in any of the games described herein. Such timers can tell a player
`when that player can use a card's ability again. In a game with real-time elements, associating a
`timer with a card lets the player use the card's ability. The player can not use the card or the timer
`again until the timer runs out. Timers can be set for differing amounts of time, and thus such
`timers can be appropriately marked to distinguish between different time periods.” ¶ [0076]
`“The game may be augmented with an audio-visual component, such as a videotape or DVD. This
`audio-visual component may provide instruction or guidance as to how to play the game. Further,
`such audio-visual component can provide for timing or progress of play. For example, the audio-
`visual component can provide audio or visual indication as to when players are to begin each
`round of play.” ¶ [0110]
`
`12
`
`Patent Owner Gree, Inc.
`Exhibit 2005 - Page 12 of 41
`
`

`

`
`
`177 Patent Claim 1
`
`Disclosure from Gilson
`
`Harrison
`“The face of this card 3901 also includes several surface segments indicating mood effects 3907
`on the abilities of this card; each mood effect is identified by a mood number 3906. A mood of a
`round of play is determined 2503 at the beginning of the round as per the process depicted in FIG.
`25. A mood effect associated with the mood number that is the mood of a given round of play
`applies to this card 3901 for the entire round.” Col. 12, lines 52-59
`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.
`
`[Element 1-D]
`during a third term of the
`battle game continued
`from the second term,
`conducting the battle to a
`third opponent character
`based on the parameter
`set on the card selected
`by the player's operation
`under a third battle
`condition, wherein the
`third battle condition is
`different from the second
`battle condition and is
`dependent on a battle
`result of the second term,
`
`Gilson, or alternatively, Gilson in view of Harrison discloses during a third term of the battle
`game continued from the second term, conducting the battle to a third opponent character based on
`the parameter set on the card selected by the player's operation under a third battle condition,
`wherein the third battle condition is different from the second battle condition and is dependent on
`a battle result of the second term, and the second opponent character and the third opponent
`character are same or different, and wherein the third battle condition is not changed during the
`third term:
`Gilson
`“Timers may be employed in any of the games described herein. Such timers can tell a player
`when that player can use a card's ability again. In a game with real-time elements, associating a
`timer with a card lets the player use the card's ability. The player can not use the card or the timer
`again until the timer runs out. Timers can be set for differing amounts of time, and thus such
`timers can be appropriately marked to distinguish between different time periods.” ¶ [0076]
`“The game may be augmented with an audio-visual component, such as a videotape or DVD. This
`audio-visual component may provide instruction or guidance as to how to play the game. Further,
`
`13
`
`Patent Owner Gree, Inc.
`Exhibit 2005 - Page 13 of 41
`
`

`

`
`
`177 Patent Claim 1
`and the second opponent
`character and the third
`opponent character are
`same or different, and
`wherein the third battle
`condition is not changed
`during the third term.
`
`Disclosure from Gilson
`such audio-visual component can provide for timing or progress of play. For example, the audio-
`visual component can provide audio or visual indication as to when players are to begin each
`round of play.” ¶ [0110]
`Harrison
`“Play proceeds by rounds, with each player having one turn within each round. At the beginning
`of each round, the six-sided die is rolled to determine a “mood” (1-6) for the round. Each force
`card in the game has two mood effects that appear on the face of the card. When the mood for the
`turn matches a mood effect on a given force card, that mood effect applies to that card for the
`entire round.” Col. 13, lines 12-20
`“FIG. 38 depicts an example landing/standing (“L/S”) card 3801. The face of this card 3801
`provides crucial information for use in the game. A name of the card 3802 appears at the top, as
`does a number 3807 that indicates the “force capacity” of this standing card 3801. The force
`capacity number 3807 indicates how many force cards can be based in this standing card 3801.
`Thus, since the force capacity number 3807 depicted is “3”, a maximum of three force cards can
`be “based in”, i.e., placed on top of, this L/S card 3801.” Col. 12, lines 3-11
`
`“A “landing/standing capacity indicator” 3804 also appears on the face of the card 3801. Some
`L/S cards are landing cards but not standing cards; some cards are standing cards but not landing
`cards; and some cards are both. If this indicator 3804 indicates that the card has “landing”
`capacity, a force card can be initially deployed on this card 3801; however, if this indicator
`indicates that a L/S card has no such landing capacity, a force card cannot be directly deployed on
`that L/S card, i.e., cannot be moved directly from a user's hand to that card 3801 during the
`deployment phase of a user's turn; rather, a force card can only be moved to a non-landing L/S
`card 3801 during the movement phase of a user's turn.” Col. 12, lines 16-27
`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
`
`14
`
`Patent Owner Gree, Inc.
`Exhibit 2005 - Page 14 of 41
`
`

`

`
`
`
`
`
`
`177 Patent Claim 1
`
`Disclosure from Gilson
`the asserted patent was filed, and it would have been obvious to combine these references to a
`person of ordinary skill in the art.
`
`177 Patent Claim 3
`
`Disclosure from Gilson
`
`[Element 3-A]
`The non-transitory
`computer-readable
`recording medium
`according to claim 1,
`wherein a start timing and
`an end timing of each of
`the first term and the
`second term are
`predetermined using a
`start timing of the battle
`game as a reference.
`
`Gilson discloses the non-transitory computer-readable recording medium according to claim 1,
`wherein a start timing and an end timing of each of the first term and the second term are
`predetermined using a start timing of the battle game as a reference:
`“The game may be augmented with an audio-visual component, such as a videotape or DVD. This
`audio-visual component may provide instruction or guidance as to how to play the game. Further,
`such audio-visual component can provide for timing or progress of play. For example, the audio-
`visual component can provide audio or visual indication as to when players are to begin each
`round of play.” ¶ [0110]
`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.
`
`177 Patent Claim 5
`
`Disclosure from Gilson
`
`[Element 5-A]
`The non-transitory
`computer-readable
`recording medium
`
`Gilson discloses the non-transitory computer-readable recording medium according to claim 1,
`wherein the parameter includes an attack strength and a life force
`Gilson
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`15
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`Patent Owner Gree, Inc.
`Exhibit 2005 - Page 15 of 41
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`
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`177 Patent Claim 5
`according to claim 1,
`wherein the parameter
`includes an attack
`strength and a life force.
`
`Disclosure from Gilson
`“Game play under the example of FIGS. 5 through 7 generally involves combining two or more
`pentagonal “minion” cards together to make an “abomination” which players use to attack or
`block one another. The power of an abomination is equal to a sum of powers of the cards,
`represented by strength or attack values 512. As noted above, each card has two text boxes, one
`which shows through when combined together (text box 514), and one that does not (text 506).
`The color coded transparent area 508 when combined with the colored area of an underlying card,
`determines whether or not abilities described in text 506 apply to a given abomination or not.
`Cards in the game can break apart abominations, or recombine them into different abominations.”
`¶ [0041]
`“Only abominations can attack, and abominations cannot attack the turn they are played.
`Abominations cannot attack the same turn that another layer is added to them, although the
`abomination can attack first, and then a layer added before the end of the turn. To attack with an
`abomination, a player removes the soul counter from it and returns it to the player's soul counter
`pool. Abominations may attack singularly or as a team. If the opponent has an abomination with a
`soul counter on it, that opponent may choose to block. Blocking does not remove the soul counter
`from the blocker. If the attacking abomination is blocked, both abominations deal damage to each
`other equal to their power. Damage is dealt to the top layer down in a stack. If the abomination is
`not blocked, then that player steals soul counters from the opponent equal to the number of layers
`of the attacking abomination.” ¶ [0056]
`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.
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`16
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`Patent Owner Gree, Inc.
`Exhibit 2005 - Page 16 of 41
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`177 Patent Claim 6
`
`Disclosure from Gilson
`
`[Element 6-A]
`The non-transitory
`computer-readable
`recording medium
`according to claim 1,
`wherein the battle is
`conducted on a second
`field different from the
`first field.
`
`Gilson, or Gilson in combination with Harrison, discloses the non-transitory computer-readable
`recording medium according to claim 1, wherein the battle is conducted on a second field different
`from the first field:
`Gilson
`“Then, during their turn, players can do the following in any order:
`Put a card from their hand into the mana zone, which can only be done once per turn
`Put a minion card from their han