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1~
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2?
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PILLSBURY , MADISON & SUTRO Robert P . Taylor 225 Bush Street Mailinq Address: P . O. Box 7880 San Francisco, CA 94120 Telephone: (415) 983-1000
NEUMAN, WILLIAMS, ANDERSON & OLSON Theodore W. Anderson James T . Williams 77 West Washington Street Chicago , IL 60602 Teleph one: (312) 346-1200
Attorneys for Plaintiffs The Magnavox Company and Sanders Associates, Inc.
~ -< -3 7.3:2 1 L!H~. HOH8ACH. TEST ALI~ITTO~ .t JofE .. IEIItT
DOCKITIO
APR 25 1984 av_ ~£U REIPONS£ DUE ----
~nited States Di strict Court For The Northern District Of California
THE MAGNAVOX COMPANY, a corporation, ) and SANDERS ASSOCIATES, INC., ) a corporation, )
) Plainti ffs, )
) v. )
) ACTI VISION, INC., a corporation, )
) Defendant. )
No . C 82 5270 TEH
PLAINTIFF'S RESPONSE TO DEFENDANT'S THIRD
SET OF INTERROGATORIES (NOS . 183-192}
Plaintiffs herewith respond to defendant's
interrogatories 183-192. Plaintiffs object to each of those
interrogatories for at least the following reasons :
1. Plaintiffs object to interrogatories 183-192 to the
extent they are deemed to be continuing or require supplementation
beyond the requirements of Rule 26(e), F.R.Civ.P.
PLAINTIFFS' RESPONSE TO DEFENDANT'S THIRD SET OF
INTERROGATORIES (NOS . 183-192)
1 2. Plaintiffs object to the definitions of "Maqnavox"
2 and "Sandera" included in the introduction to interroqatories
3 183-192 to the extent those definitions and the interrogatories
4 making use of them attempt to impose any obligation on plaintiffs
5 to supply information beyond that required by the Federal Rules of
6 Civil Procedure.
7 However, in order to advance the progress of this action
8 and without waiver of any of the within-stated objections,
9 plaintiffs further respond to defendant's interrogatories 183-192
10 in the following .
11
12 IN7ER~OGATORY NO. 183
13 Explain what is meant by the term "demonstration
14 program" as used in plaintiffs' response to Interrogatories Nos.
15 89-91 of DEFENDANT'S FIRST SET 0~ INTERROGATORIES TO PLAINTIFFS .
16 RESPONSE :
17 The term "demonstration program" is used in plaintiffs '
18 response to interrogatories 89 and 91 to refer to a program
19 intended to show or demonstrate the capabilities of the apparatus
20 upon which the program is run .
21
22 INTERROGATORY NO . 184
23 For each combination, if any, of the television game
24 products identified in Schedule l to the Notice to Take Deposition
25 dated March 2, 1984 (namely, "Dolphin", "Keystone Kapers",
26 "Decathlon", "Stampede", "Gran Prix", "Barnstorming", "Sky Jinks" ,
27
28 -2-
PLAINTIFFS' RESPONSE TO DEFENDANT'S THIRD SET OF
INTERROGATORIES (NOS. 183-192)
1 "Enduro" and "Pressure Cooker") and the consoles identified in
2 response to INTERROGATORY NO. 50 of DEFENDANT'S FIRST SET OF
3 INTERROGATORIES TO PLAINTIFFS (namely, the Atari VCS Model 2600,
4 the Sears Tele-Game Video Arcade , and the combination of the
5 Colecovision game console and the Expansion Module l) which
6 plaintiffs contend constitutes an infringement of Claim 25 of the
7 United States Patent Re. 28,507, identify the elements which
8 plaintiffs contend correspond to the following elements of the
9 claim :
10
11
12
13
14
15
16
1?
18
19
2 0
21
22
23
24
A.
B.
c .
D.
E.
F.
c .
H.
A hitting symbol;
Means for generating a hitting symbol;
A hit symbol;
Means for generating a hit symbol;
Coincidence between said hitting symbol and said
hit symbol ;
Means for ascerta ining coincidence between sa1d
hitting symbol and said hit symbol;
A distinct motion imparted to said hit symbol upon
coincidence; and
Means for imparting a distinct motion t o said h it
symbol upon coincidence.
RESPONSE :
Plaintiffs are at this time unable to supply all the
25 information requested in Interrogatory 184. Plaintiffs have not
26 completed their discovery as to the televi sion game cartridges
27
28 -3-
PLAINTIFFS' RESPONSE TO DEFENDANT'S THIRD SET OF
INTERROGATORIES (NOS . 183-192)
1 manufactured, used, and/or sold by Activision, and the television
2 game consoles with which those cartridges are used, and are thus
3 unable to fully state what contentions they will make at trial as
4 to the subject matter of this interrogatory. Plaintiffs object
5 this interrogatory as premature.
6 However, in order to advance the progress of this
7 action, plaintiffs further respond to interrogatory 184 as follows
8 while reserving the right to alter, amend, supplement or change
9 the response after discovery is completed and prior to trial .
10 Each response refers to the combination of the indicated
11 Activision television game cartridge and the Atari VCS Model 2600 ,
12 the Sears !ele-Game V1deo Arcade, the Colecovision game console
13 with the Coleco Expansion Module l, or the Coleco Gemini
14 telev ision game console, except where the Mattel version is
15 indicated in which case the response refers to the combination of
16 the indicated Activision television game cartridge and the Mattel
17 Intellevision or the Sears Tele-Game Super Video Arcade television
18 game console.
19 A. Dolphin : The dolphin symbol after the dolphin has
20 caught a seagull.
21
22
23
24
25
26
27
28
Pressure Cooker: The "Short-Order Sam" symbol .
Stampede: The horse and rider symbol.
Stampede (Mattel): The horse and rider symbol.
-4-
PLAINTIFFS' RESPONSE TO DEFENDANT'S THIRD SET OF
INTERROGATORIES (NOS . 183-192)
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
2 ,~
21
22
23
24
25
26
( 27
28
B. Dolphin, Pressure Cooker and Stampede: At least the
Activision television game cartridge, the joystick,
the microprocessor, the peripheral interface,
adapter, and the television interface adapter .
Stampede (Mattel) : The Activision game cartridge, the
hand controller, and portions of the televi sion
game console .
C. Dolphin : The squid symbol after the dolphin has caught
a seagull .
Pressure Cooker: The condiment symbols .
Stampede : The cattle symbols.
Stampede (Mattel): The cattle symbols .
D. Dolphin, Pressure Cooker and Stampede : At least the
Activision television game cartridge, the
television interface adapter, and the
microprocessor.
Stampede (Mattel): The Activision television game
cartridge and portions of the television game
console .
E. Dolphin: The coincidence between the squid syrr~ol and
the dolphin symbol after the do lphin has caught a
seagull by which the dolphin catches the squid .
Pressure Cooker: The coincidence between the "Short-
Order Sam" symbol and the condiment symbols
by which "Short-Order Sam" catches or rejects the
condiments .
-s-
PLAINTIFFS' RESPONSE TO DEFENDANT'S THIRD SET OF
INTERROGATORIES (NOS. 183-192)
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
( 27
28
Stampede: The coincidence between the horse and rider
symbol and the cattle symbols by which the cattle
are herded .
Stampede (Mattel): The coincidence between the horse and
rider symbol and the cattle symbols by which the
cattle are herded .
F. Dolphin , Pressure Cooker and Stampede: At least the
Activision television game cartridge, the
microprocessor, and perhaps the television
interface adapter .
Stampede (Mattel): The Activision television game
cartridge and portions of the te l evision game
console .
G. Dolphin : The motion of the squid symbol after
coincidence with the dolphin symbol .
Pressure Cooker: The motion of the condiment symbo l s
after coincidence with the "Short-Order Sam"
symbol .
Stampede: The motion of the cattle symbols after
coincidence with the horse and rider symbol.
Stampede (Mattel): The motion of the cattle symbo l s
after coincidence with the horse and rider synbol .
H. Dolphin, Pressure Cooker and Stampede: At least the
Ativision game telev ision cartridge and the
microprocesor.
-6-
PLAINTIFFS' RESPONSE TO DEFENDANT'S THIRD SET OF
INTERROGATORIES (NOS . 183-192)
1
2
3
4
Stampede (Mattel): The Activision television qame
cartridge and portions of the television qame
console.
5 INTERROGATORY NO . 195
6 For each combination, if any, of the television game
7 products identified in Schedule 1 to the Notice to Take Deposit ion
8 dated March 2, 1994 (namely, "Dolphin", "Keystone Kapers",
9 "Decathlon" , "Stampede", "Gran Prix", "Barnstorming", "Sky Jinks",
10 "Enduro" and "Pressure Cooker") and the consoles identified in
11 response to INTERROGATORY NO. 50 of DEFENDANT'S FIRST SET OF
12 INTERROGATORIES TO PLAINTIFFS (namely, the Atari VCS Model 2600,
13 the Sears Tele-Game Video Arcade, and the combination of the
14 Colecovision game console and the Expansion Module 1) which
15 plaintiffs contend constitutes an infringement of Claim 26 of the
16 United States Patent Re. 29,507, identify the elements which
17 plaintiffs contend correspond to the following elements of the
18 c l aim :
19
20
21
22
23
24
25
26
27
28
A.
B.
c.
A variation in the horizontal position of the
hitting symbol ;
A variation in the vertical position of the hitting
symbol; and
Means for providing horizontal and vertical control
signal for varying the horizontal and vertical
positions of said hitting symbol.
-7-
PLAINTIFFS' RESPONSE !0 DEFENDANT'S THIRD SET OF
INTERROGATORIES (NOS. 193-192)
(
(
1
2
RESPONSE:
Plaintiffs are at this time unable to supply all the
3 information requested in Interrogatory 185. Plaintiffs have not
4 completed their discovery as to the television game cartridges
5 manufactured, used, and/ or sold by Activision, and the television
6 game consoles with which those cartridges are used, and are thus
7 unable to fully state what contentions they will make at trial as
8 to the subject matter of this interrogatory. Plaintiffs object
9 this interrogatory as premature .
10 However, in order to advance the progress of this
11 action, plaintitfs further respond to interrogatory 185 as follows
12 whlle reservlng the rlght to alter, amend, supplement or change
13 the response after discovery is completed and prior to trial.
14 Each response refers to the combination of the indicated
15 Activision television game cartridge and the Atari VCS M~del 2 600,
16 the Sears Tele-Game Video Arcade, the Co l ecovision game conso l e
17 with the Coleco Expansion Module l, or the Coleco Gemini
18 te l e v ision game console, except where the Mattel version is
19 indicated in which case the response refers to the combination of
2 0 the indicated Activision television game cartridge and the Mattel
21 Intellev ision or the Sears Tele-Game Super Video Arcade telev is ion
22 game console.
23
24
25
26
27
28
A.
B.
Pressure Cooker : The "Short-Order Sam" symbol may
be moved horizontally.
Pressure Cooker : The "Short-Order Sam" symbol may
be moved vertically.
-8-
PLAINTIFFS' RESPONSE TO DEFENDANT'S THIRD SET OF
INTERROGATORIES (NOS. 183-192)
1 (
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
1?
18
19
20
21
22
23
24
25
26
27
28
C . Pressure Cooker: At least the Activision game
cartridge, the joystick, the microprocessor, and
the peripheral interface adapter.
INTERROGATORY NO . 186
For each combination, if any, of the television game
products identified in Schedule 1 to the Notice to Take Deposition
dated March 2, 1984 (namely, "Dolphin", "Keystone Kapers",
"Decathlon", "Stampede", "Gran Prix", "Barnstorming", "Sky Jinks" ,
"Enduro" and "Pressure Cooker") and the consoles identified in
response to INT:RROGATORY NO . SO of DEFENDANT'S FIRST SET OF
INTERROGATORIES TO PLAINTIFFS (namely, the Atari VCS Model 2600,
the Sears Tele-Game Video Arcade, and the combination of the
Colecovision game console and the Expansion Module 1) which
plaintiffs contend constitutes an infringement of Claim 44 of the
United States Patent Re. 28,507, identify the elements which
plaintiffs contend correspond to the following elements of the
claim :
A. A baseball game;
B . Apparatus for playing a baseball type ga~e;
C . A hit spot;
D. Means for displaying a hit spot;
E. A hitting spot;
F. Means for displaying a hitting spot;
G. An adjustment in the vertical position of said
hitting spot;
-9-
PLAINTIFFS' RESPONSE TO DEFENDANT'S THIRD SET OF
INTERROGATORIES (NOS. 183-192)
1 (
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
2 ~
21
22
23
24
25
26
27
28
H. Means for adjusting the vertical position of said
hitting spot;
I. A serving of the hit spot;
J. Means for serving said hit spot;
K. A variation in the vertical position of the hit
spot;
L. Means for varying the vertical position of said hit
spot;
M. Coincidence between said hit and said hitting spot;
N. A reversal of directions by the hit spot; and
0 . Means for denoting coincidence between said hit and
said hlt~ing spots whereby said hit spot will
reverse directions .
RESP':>NSE :
Plaintiffs are at this time unable to supply the
information requested in interrogatory 186. Plaintiffs have not
completed their discovery as to the telev ision game cartridges
manufactured, used , and/ or sold by Activision, and the television
game consoles with which those cartridges are used , and are thus
unable to respond to this interrogatory. Plaintiffs object thi s
interrogatory as premature .
-10-
PLAINTIFFS' RESPONSE TO DEFENDANT'S THIRD SET OF
INTERROGATORIES (NOS. 183-192)
( 1 INTERROGATORY NO. 187
2 For each combination, if any, of the television game
3 products identified in Schedule l to the Notice to Take Deposition
4 dated March 2, 1984 (namely, "Dolphin", "Keystone Kapers",
5 "Decathlon", "Stampede", "Gran Prix" , "Barnstorming", "Sky Jinks",
6 "Enduro" and "Pressure Cooker") and the consoles identified in
7 response to INTERROGATORY NO . SO of DEFENDANT'S FIRST SET OF
8 INTERROGATORIES TO PLAINTIFFS (namely, the Atari VCS Model 2600,
9 the Sears Tele-Came Video Arcade, and the combination of the
10 Colecovision game console and the Expansion Module 1) which
11 plaintiffs contend constitutes an infringement of Claim 45 of the
12 United States Patent Re. 28,507, identify the elements which
13 plaintiffs contend correspond to the following elements of the
14 claim :
15
16
17
18
19
20
21
22
23
24
25
26
2?
28
A.
B.
c .
D.
E.
F.
c.
H.
l.
J .
K.
A hockey type game ;
Apparatus for p l aying a hockey type game;
A first hitting spot ;
Means for displaying a first hitting spot ;
A second hitting spot;
Means for displaying a second hitting spot ;
A hit spot ;
Means for displaying a hit spot ;
Control of the position of the first hitting spot;
Control of the position of the second hitting spot ;
Means for controlling the position of said first
and second hitting spots;
-11-
PLAINTIFFS' RESPONSE TO DEFENDANT'S THIRD SET OF
INTERROGATORIES (NOS. 183-192)
1 , 2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
1?
19
19
2J
~1
22
23
24
25
26
( 27
28
L. Controllinq of the position of the hit spot;
M. Means for controllinq the position of said hit
spot;
N. Coincidence between the first hittinq spot and the
hit spot;
0. Coincidence between the second hitting spot and the
hit spot;
P . Means for ascertaining coincidence between either
of said hitting spots and said hit spot;
Q. A distinct motion imparted to said hit spot upon
:cincidence; and
R. Means for impar~inq a dis~inc~ mo~ion to said hi~
spo~ upon coincidence.
RESPONSE :
Plaintiffs are at this time unable to supply the
information requested in interrogatory 187. Plaintiffs have not
completed their discovery as to the television game cartridges
manufactured, used, and/ or sold by Activision, and the television
game consoles with which those cartridges are used, and are thus
unable to respond to this interrogatory . Plaintiffs object this
interrogatory as premature .
-12-
PLAINTIFFS' RESPONSE TO DEFENDANT'S THIRD SET Of
INTERROGATORIES (NOS. 183-192)
1 INTERROGATORY NO . 188
2 For each combination, if any, of the television qame
3 products identified in Schedule l to the Notice to Take Deposition
4 dated March 2, 1984 (namely, "Dolphin", "Keystone Kapers",
5 "Decathlon" , "Stampede", "Gran Prix", "Barnstorming", "Sky Jinks" ,
6 "Enduro" and "Pressure Cooker") and the consoles identified in
7 response to INTERROGATORY NO . 50 of DEFENDANT'S FIRST SET OF
8 INTERROGATORIES TO PLAINTIFFS (namely, the Atari VCS Model 2600,
9 the Sears Tele-Game Video Arcade , and the combination of the
10 Colecovision game console and the Expansion Module l) which
11 plaintiffs con~end constitutes an infringement of Claim 51 of t he
12 Uni~ed States Pa~en~ Re . 28,507 , iden~ify ~he elements which
1 3 p l aintiffs contend correspond to the following elements of the
14 c l ai m:
1 5
16
1 7
18
19
20
2i
22
23
24
25
26
27
28
A.
B.
c.
D.
E.
F.
G.
H.
A hitting symbol;
Means for generating a h i tting symbol;
A hit symbol;
Means for generating a hit symbol ;
Coincidence between said hitting symbol and sa i d
hit symbol ;
Means for ascerta i ning coi ncidence be~ween said
hitting symbol and said hit symbol;
A distinct motion imparted to said hit symbol upon
coincidence; and
Means for imparting a distinct motion to said h i t
symbol upon coincidence .
-13-
PLAINTIFFS' RESPONSE TO DEFENDANT'S THIRD SET OF
INTERROGATORIES (NOS. 183-192 )
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
2 0
21
22
23
24
25
26
( 27
28
RESPONSE:
Plaintiffs are at this time unable to supply all the
information requested in interroqatory 188. Plaintiffs have not
completed their discovery as to the television qame cartridges
manufactured , used, and/ or sold by Activision, and the television
game consoles with which those cartridges are used, and are thus
unable to fully state what contentions they will make at trial as
to the subject matter of this interrogatory. Plaintiffs object
this interrogatory as premature.
However, in order to advance the progress of this
action, plaintiffs further respond to interrogatory 198 as follows
while reserving the right ~o alter, amend, supplement or change
the response after discovery is completed and prior to trial.
Each response refers to the combination of the indicated
Activision television game cartridge and the Atari VCS Model 2600,
the Sears Tele-Game Video Arcade, the Colecovision game console
wi~h the Coleco Expansion Module 1, or the Coleco Gemini
television game console, except where the Mattel version is
indicated in which case the response refers to the combination of
the indicated Activision television game cart~idge and the Mattel
Intellevision or the Sears Tele-Game Super Video Arcade television
game console.
A. Dolphin : The dolphin symbol after the dolphin has
caught a seagull.
Pressure Cooker: The "Short-Order SAm" symbol.
Stampede: The horse and rider symbol.
-14-
PLAINTIFFS' RESPONSE TO DEFENDANT'S THIRD SET OF
INTERROGATORIES (NOS. 193-192)
(
(
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
B.
c .
D.
E.
Stampede (Mattel): The horse and rider symbol.
Dolphin, Pressure Cooker and Stampede: At least the
Activision television game cartridge, the joystick,
the microprocessor, the peripheral interface,
adapter, and the television interface adapter .
Stampede (Mattel): The Activision game cartridge, the
hand controller, and portions of the television
game console .
Dolphin: The squid symbol after the dolphin has caught
a seagull .
Pressure Cooker: The condiment symbols .
Stampede: The cattle symbols.
Stampede (Mattel): The cattle symbols.
Dolphin, Pressure Cooker and Stampede: At least the
Activision television game cartridge, the
television interface adapter, and the
microprocessor.
Stampede (Mattel): The Activision television game
cartridge and portions of the television game
console.
Dolphin: The coincidence between the squid symbol and
the dolphin symbol after the dolphin has caught a
seagull by which the dolphin catches the squid .
-15-
PLAINTIFFS' RESPONSE TO DEFENDANT'S THIRD SET OF
INTERROGATORIES (NOS. 183-192)
1
2
3
4
5
6
7
8
9
10
11
12
13
1~
15
16
17
15
19
20
21
22
23
24
25
26
27
28
F.
G.
Pressure Cooker : The coincidence between the "Short-
Order Sam" symbol and the condiment symbols by
which "Short-Order Sam" catches or rejects the
condiments .
Stampede : The coincidence between the horse and rider
symbol and the cattle symbols by which the cattle
are herded .
Stampede (Mattel) : The coincidence between the horse and
rider symbol and the cattle symbols by which the
cattle are herded .
Dolphin, Pressure Cooker and Stampede : At least the
Activision te l evi sion game car~ridge, the
microprocessor, and perhaps the television
interface adapter .
Stampede (Mattel): The Activision television game
cartridge and po~~ions of the te l evision game
console .
Dolphin : The motion of the squid symbol after
coincidence with the dolphi n symbol.
Pressure Cooker : The motion of the condiment s yrr~cls
after coincidence with the "Short-Order Sam"
symbol .
Stampede: The motion of the cattle symbols after
coincidence with the horse and rider symbol.
Stampede (Mattel): The motion of the cattle symbols
after coincidence with the horse and rider symbol.
-16-
PLAINTIFFS ' RESPONSE TO DEFENDANT'S THIRD SET OF
INTERROGATORIES (NOS. 183-192)
1
2
3
4
5
6
7
H. Dolphin , Pressure Cooker and Stampede: At least the
Ativision television game cartridge and the
microprocesor.
Stampede (Mattel): The Activision television game
cartridge and portions of the television game
console.
8 INTERROGATORY NO. 189
9 For each combination, if any, of the television game
10 products identified in Schedule 1 to the Notice to Take Deposition
11 dated March 2, 1984 (namely, "Dclphin", "Keystone Kapers",
12 "Decathlon", "S~ampede", "Gran Prix", "Barnstorming", "Sky J1nks",
13 "Enduro" and "Pressure Cooker") and the consoles identified in
14 response to INT~RROGATORY NO. 50 of DEFENDANT'S FIRST SET OF
15 INTERROGATORIES TO PLAINTIFFS (namely, the Atari VCS Model 2600,
16 the Sears Tele-Game Video Arcade, and the combination· of the
17 Colecovision game console and the Expansion Module 1) which
18 plaintiffs contend constitutes an infringement of Claim 52 of the
19 United States Patent Re. 28,507, identify the ele~ents which
20 plaintiffs contend correspond to the following elements of the
21 claim:
22
23
24
25
26
27
28
A.
B.
A variation in the horizontal position of the
hitting symbol;
A variation in the vertical position of the hitting
symbol; and
-17-
PLAINTIFFS' RESPONSE TO DEFENDANT'S THIRD SET OF
INTERROGATORIES (NOS. 183-192)
1
( 2 3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27 (
28
C. Means for providinq horizontal and vertical control
aiqnal for varying the horizontal and vertical
positions of said hitting symbol .
RESPONSE:
Plaintiffs are at this time unable to supply all the
information requested in Interrogatory 189. Plaintiffs have not
completed their discovery as to the television game cartridges
manufactured, used, and/or sold by Activision, and the television
game consoles with which those cartridges are used, and are thus
unable to fully state what contentions they will make at trial as
~o ~he subJect ma~~er of ~his in~erroga~ory. Plaintiffs obJect
this interroga~ory as premature.
However, in order to advance the progress of this
action, plaintiffs further respond to interrogatory 189 as follows
while reserving the right to alter, amend, supplement or cha~ge
the response after discovery is completed and prior to trial.
Each response refers to the combination of the indicated
Activision television game cartridge and the Atari VCS Model 2600,
the Sears Tele-Came Video Arcade, the Colecovision game console
with the Coleco Expansion Module 1, or the Coleco Gemini
television game console, except where the Mattel version is
indicated in which case the response refers to the combination of
the indicated Activision television game cartridge and the Mattel
Intellevision or the Sears Tele-Came Super Video Arcade television
game console.
-18-
PLAINTIFFS' RESPONSE TO DEFENDANT'S THIRD SET OF
INTERROGATORIES (NOS. 183-192)
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
1? I
18 I
19
2 ~
21
22
23
24
25
26
( 2?
28
A. Pressure Cooker: The "Short-Order Sam" symbol may
be moved horizontally.
B. Pressure Cooker: The "Short-Order Sam" symbol may
be moved vertically.
C. Pressure Cooker: At least the Activision game
cartridge, the joystick, the microprocessor, and
the peripheral interface adapter .
INTERROCATORY NO. 190
For each combination, if any, of the television game
products identified in Schedule 1 to the Notice to Take Deposition
dated March 2, 1984 (namely, "Dolphin", "Keystone Kapers",
"Decathlon", "Stampede", "Cran Prix", "Barnstorming", ''Sky Jinks",
"Enduro" and "Pressure Cooker") and the consoles identified in
response to INTERROCATORY NO . SO of DEFE~~ANT'S FIRST SET OF
INTERROGATORIES TO PLAINTIFFS (namely , t h e Atari VCS Model 2600,
the Sears Tele-Came Video Arcade, and the combination of the
Colecovision game console and the Expansion Module 1) which
plaintiffs contend constitutes an infringement of Claim 60 of t h e
Uni ted States Patent Re. 28,507, identify the elements which
plaintiffs contend correspond to the following elements of the
claim:
A. A vertical synchronization signal;
B . A horizontal synchronization signal;
C. Means for generating vertical and horizontal
synchronization signals ;
-19-
PLAINTIFFS' RESPONSE TO DEFENDANT'S THIRD SET OF
INTERROCATORIES (NOS . 183-192)
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0 . Means responsive to said synchronization signals
!or deflecting the beam o! a cathode ray tube to
generate a raster on the screen of the tube;
E. A first symbol on said screen;
F. A position for the first symbol which is directly
controlled by a player;
G. Means coupled to said synchronization signal
generating means and said cathode ray tube for
generating a first symbol on said scren at a
position which is directly controlled by a player;
H. n second symbol on the screen which is movable;
I. Means coupled to a said synchronization signal
generating means and said cathode ray tube for
generating a second symbol on said screen which is
movable;
J. A first coincidence between said first symbol and
said second symbol;
K. Means couple to said first symbol generating means
and said second symbol generating means for
determining a first coincidence between said first
symbol and said second symbol;
L . A distinct motion imparted to said second symbol in
response to said coincidence; and
-20-
PLAINTIFFS' RESPONSE TO DEFENDANT'S THIRD SET OF
INTERROGATORIES (NOS. 183-192)
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M. Means coupled to said coincidence determining means
and said second symbol generating means for
imparting a distinct motion to said second symbol
in response to said coincidence.
RESPONSE:
Plaintiffs are at this time unable to supply all the
8 information requested in Interrogatory 190 . Plaintiffs have not
9 completed their discovery as to the television game cartridges
10 manufactured , used, and/or sold by Activision, and the televisi on
11 game consoles with which those cartridges are used , and are thus
12 unable to fully state what contentions they will make at trial as
13 to the subject matter of this interrogatory. Plaintiffs object
14 t hi s interrogatory as premature .
15 However, in order to advance the progress of this
16 action, plaintiffs further respond to in~errogatory 190 as f ol lows
17 while rese~ving the right to alter, amend , supplement or change
18 ~he response after discovery is completed and prior to trial .
19 Each response refers to the combination of the indicated
2 0 Activision television game cartridge and the Atari VCS Model 2600,
21 the Sears Tele-Came Video Arcade, the Colecov ision game console
22 with the Coleco Expansion Module l, or the Coleco Gemini
23 television game console, except where the Mattel version is
24 indicated in which case the response refers to the combination of
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PLAINTIFFS' RESPONSE TO DEFENDANT'S THIRD SET OF
INTERROGATORIES (NOS. 183-192)
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the indicated Activision television game cartridge and the Mattel
Intellevision or the Sears Tele-Game Super Video Arcade television
qame console.
A. Dolphin, Keystone Kapers, Decathalon, Stampede,
Gran Prix, Barnstorming, Sky Jinks, Enduro, and Pressure Cooker :
The vertical synchronization signals at the outputs of the
television interface adapter and the television qame console .
Stampede (Mattel): At least the vertical
synchronization signal at the output of the television game
console.
B. Dolphin, Keystone Kapers, Decathalon, Stampede,
Gran Prix, Barnstorming, Sky Jinks, Enduro, and Pressure Cooker :
The horizontal synchronization signals at the outputs of the
te l evision interface adapter and the television game console .
Stampede (Mattel): At least the horizontal
synchronization signal at the output of the television game
console.
C. Dolphin, Keystone Kapers, Decathalon, Stampede,
Gran Prix, Barnstorming, Sky Jinks, Enduro, and Pressure Cooker :
The Activision television game caratridge , the microprocessor, and
the television interface adapter.
Stampede (Mattel): The Activision television game
cartridge and at least portions of the television game console.
-22-
PLAINTIFFS' RESPONSE TO DEFENDANT ' S THIRD SET OF
INTERROGATORIES (NOS. 183-192)
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0 . Dolphin, Keystone Kapers, Decathalon, Stampede,
Gran Prix , Barnstorming, Sky Jinks, Enduro, and Pressure Cooker:
At least the horizontal and vertical deflection circuitry of the
associated television receiver.
Stampede (Mattel): At least the horizontal and vertica l
deflection circuitry of the associated television receiver.
E . Dolphin: The dolphin symbol.
Keystone Kapers: The "Officer Kelly" symbol.
Decathalon: The hurdeler symbol.
Stampede: The horse and rider symbol.
~ran Prix : The player controlled car symbol .
Barnstorminq: The airplane symbol.
Sky Jinks: The airplane symbol.
Enduro : The player controlled car symbol .
Pressure Cooker : The "Short-Order Sam" symbol.
Stampede (Mattel) : The horse and rider symbol .
F . Dolphin : The dolphin symbol.
Keystone Kapers : The "Officer Kelly" symbol .
Decathalon : The hurdeler symbol .
Stampede : The horse and rider symbol.
Cran Prix : The player controlled car s~Dol .
Barnstorminq : The airplane symbol.
Sky Jinks : The airplane symbol.
Enduro : The player controlled car symbol .
Pressure Cooker: The "Short-Order Sam" symbol.
Stampede (Mattel): The horse and rider symbol .
-23-
PLAINTIFFS' RESPONSE TO DEFENDANT'S THIRD SET OF
INTERROCATORIES (NOS. 183-192)
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c. Do l phin, Keystone Kapers, Decathalon , Stampede,
Gran Prix, Barnstorminq, Sky Jinks, Enduro, and Pressure Cooker :
At least the Acti vision television qame cartridqe, the joys~ick,
the peripheral interface adapter , the television interface
adapter , and the microprocessor .
St ampede (Mattel) : The Activision game cartridge
and at least porti ons of the televi sion game conso l e .
H.
I.
Dolphin : The squid symbol.
Keystone Kapers : The beachball symbol.
Decathal on: The hurdle symbols .
St ampede : The cat tle symbols .
Gr an Pri x : The game controlled car and bridge
symbols .
Barnstorming : The barn, wi ndmill and goose
symbols .
Sky Ji nks : The pyl on , tree and balloon symbols.
Enduro: The qame controlled car symbols.
Pressure Cooker : The condiment symbo l s .
Stampede (Mattel) : The cattle symbols .
Dolphin , Keystone Kapers , Decathalon, Stampede ,
21 Gran Pri x, Barnstorminq, Sky J i nks, Enduro , and Pressu re Cooker :
22 At least the Activision television game cartridge, the television
23 interface adapter, and the microprocessor.
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PLAINTIFFS' RESPONSE TO DEFENDANT'S THIRD SET OF
INTERROGATORIES (NOS. 183-192 }
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J. Dolphin: The coincidence between the dolphin
symbol and the squid symbol after the dolphin
has caught a seagull by which the dolphin
catches the squid.
~eystone Kapers: The coincidence between the
"Officer Kelly" symbol and the beacl'lball
symbol .
Decathalon: The coincidence between the hurdeler
symbol and any of the hurdle symbols.
Stampede: The coincidence between the horse and
rider symbol and any of the cattle symbols by
which the cattle are herded.
Cran Prix : The coincidence between the player
controlled car symbol and any of the game
controlled car symbo l s or the and bridge
symbols.
Barnstorming: The coincidence between the airplane
symbol and any of the barn, windmill and goose
symbols.
Sky Jinks: The coincidence between the airplane
symbol and any of the pylon, tree and balloon
symbols.
Enduro: The coincidence between the player
controlled car and any of the game controlled
car symbols.
-25-
PLAINTiffS' RESPONSE TO DEFENDANT'S THIRD SET Of
INTERROGATORIES (NOS. 183-192)
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8 K.
Pressure Cooker: The coincidence between the
"Short-Order Sam" symbol and any of the
condiment symbols by which "Short-Order Sam"
catches or rejcts the condiments.
Stampede (Mattel): The coincidence between the
horse and rider symbol and any of the cattle
symbols during herding.
Dolphin, Keystone Kapers, Oecathalon , Stampede ,
9 Gran Prix, Barnstorming, Sky Jinks, Enduro, and Pressure Cooker:
10 At least the Activision television game cartridge, the
11 microprocessor wnd perhaps the television interface adapter .
12 Stampede (Mattel): At least the Activision
13 televi sion game cartridge and portions of the television game
14 console .
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L. Dolphin : The motion of the squid symbol following
coincidence .
Keystone Kapers : The mot ion of the beachball
symbol following coincidence .
Decathalon: The motion of the hurdle symbol
" following coincidence .
Stampede : The motion of the cattle symbol
following coincidence .
Gran Prix: The motion of the game controlled car
symbol following coincidence .
Barnstorming: The motion of the barn, windmill or
goose symbol following coincidence .
-26-
PLAINTIFFS' RESPONSE TO DEFENDANT'S THIRD SET OF
INTERROGATORIES (NOS . 183-192)
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Sky Jinks: The motion of the pylon, tree or
balloon symbol following coincidence.
Enduro: The motion of the game controlled car
symbol following coincidence.
Pressure Cooker: The motion of the condiment
symbol following coincidence.
Stampede (Mattel) : The motion of the cattle symbol
following coincidence .
M. Dolphin, Keystone Kapers, Decathalon, Stampede,
Gran Prix, Barnstorming, Sky Jinks, Enduro, and Pressure Cooker :
At least the Activision television game cartridge and the
microprocessor .
Stampede (Mattel): At least the Activision
television game cartridge and portions of the television game
console.
I N7ERROGATORY NO . 191
For each combination, if any, of the television game
products identified in Schedule 1 to the Notice to Take Deposition
dated March 2, 1984 (namely, "Dolphin", "Keystone Kapers",
"Decathlon", "Stampede", "Gran Prix", "Barnstorming", "Sky Jinks",
"Enduro" and "Pressure Cooker") and the consoles identified in
response to INTERROGATORY NO. SO of DEFENDANT'S FIRST SET OF
INTERROGATORIES TO PLAINTIFFS (namely, the Atari VCS Model 2600,
the Sears Tele-Game Video Arcade, and the combination of the
Colecovision game console and the Expansion Module l) which
-27-
PLAINTIFFS' RESPONSE TO DEFENDANT'S THIRD SET OF
INTERROGATORIES (NOS. 183-192)
1 plaintiffs contend constitutes an infrinqement of Claim 61 of the
2 United State• Patent Re . 28,507, identify the elements which
3 plaintiffs contend correspond to the followinq elements of the
4 claim:
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A.
B.
c.
o.
E.
F .
c .
H.
A third symbol on the screen of the cathode ray
tube ;
Play control of the position of the third symbol ;
Means coupled to said synchronization signal
generating means and said cathode ray tube for
generating a third symbol on said screen at a
pusition which is controlled by a player;'
A second coincidence between said third symbol and
said second symbol;
Means coupled to said third symbol generating means
and second symbol generating means for determining
a second coincidence between said third symbol and
said second symbol;
A first coincidence between said second symbol and
said second symbol;
A distinct ~otion imparted to said second symbol in
response to the second coincidence; and
Means coupled to said second and third symbol
coincidence determining means and said second
symbol generatin; means for imparting a distinct
motion to aaid second symbol in response to said
second coincidence .
-28-
PLAINTIFFS' RESPONSE TO DEFENDANT'S THIRD SET OF
INTERROGATORIES (NOS. 183-192)
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RESPONSE: 1
2 Plaintiffs are at this time unable to supply all the
3 information requested in Interrogatory 191. Plaintiffs have not
4 completed their discovery as to the television qame cartridges
5 manufactured, used, and/ or sold by Activision, and the television
6 game consoles with which those cartridges are used, and are thus
7 unable to fully state what contentions they will make at trial as
8 to the subject matter of this interrogatory . Plaintiffs object
9 this interrogatory as premature.
10
11 INTERROGATORY Nu . 192
12 For each combination, if any, of the television game
13 products identified in Schedule 1 to the Notice to Take Deposition
14 dated March 2 , 1984 (namely, "Dolphin", "Keystone Kapers",
15 "Decathlon", "Stampede", "Gran Prix", "Barnstorminq", "Sky Jinks",
16 "Enduro" and "Pressure Cooker") and the consoles identified in
17 response to INTERROGATORY NO. SO of DEFENDANT'S FIRST SET OF
18 INTERROGATORIES TO PLAINTIFFS (namely, the Atari VCS Model 2600 ,
19 the Sears Tele-Game Video Arcade, and the combination of the
2 0 Colecovision game console and the Expansion Module 1) which
21 plaintiffs contend constitutes an infringement of Claim 62 of the
22 United States Patent Re. 28.507, identify the elements which
23 plaintiffs contend correspond to the following elements of the
24 claim :
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PLAINTIFFS' RESPONSE TO DEFENDANT'S THIRD SET OF
INTERROGATORIES (NOS. 183-192)
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A. A travelinq of the aecond symbol across the screen
from one side of the raster to another in the
absence of an occurrence of coincidence between
said second symbol and said first or third symbol
after coincidence of said second symbol with said
third or first symbol;
B. A first coincidence of said second symbol with said
third or first symbol;
C. A second coincidence between said second symbol an
said first or third symbol; and
D. i1eans for causing said second symbol to travel
across said screen from one side of said raster to
another side of said raster in the absence of an
occurrence of coincidence between said ssecond
symbol and said first or third symbol after
coincidence of said second symbol with said third
or first symbol.
RESPONSE:
Plaintiffs are at this time unable to supply all the
information requested in Interrogatory 192. Plaintiffs have not
completed their discovery as to the television game cartridges
manufactured, used, and/ or sold by Activision, and the television
;ame consoles with which those eartridqes are used, and are thus
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PLAINTIFFS' RESPONSE TO DEFENDANT'S THIRD SET OF
INTERROGATORIES (NOS. 183-192)
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unable to fully state what contentions they will make at trial as
to the subject matter of this interrogatory. Plaintiffs object
this interrogatory as premature.
The foregoing objections and contentions are asserted or
stated on behalf of plaintiffs by :
dore W. Anderson Jame T. Williams NEUMAN , WILLIAMS, ANDERSON & OLSON Attorneys for The Magnavox Company and Sanders Associates, Inc.
77 West Washington Street Chicago, Illinois 60602 (312) 346-1200
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PLAINTIFFS' RESPONSE TO DEFENDANT'S THIRD SET OF
INTERROGATORIES (NOS. 183-192)
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CERTIFICATE OF MAILING
I hereby certify that copies of Plaintiffs ' Response To
Defendant's Third Set Of Interrogatories (Nos. 183-192) are being
forwarded Federal Express courier service in envelopes to the
followinq :
and
Thomas 0 . Herbert , Esq . Flehr, Hohbach , Test,
Albritton & Herbert Suite 3400 Four Embarcadero Center San Francisco, California 94111
Michael A. Ladra, Esq . Wilson , Sonsini , Goodrich & Rosati Two Palo Alto Square Palo Alto, Cal i fornia 94304
on April 24 , 1984 .
J ames T . Williams
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