sutro san francisco, ca 94120 telephone: (415) 983-1000 ... · pillsbury, madison & sutro robert p...

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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" ,

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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 :

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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

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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.

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Pressure Cooker: The "Short-Order Sam" symbol .

Stampede: The horse and rider symbol.

Stampede (Mattel): The horse and rider symbol.

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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 .

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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


microprocessor, and perhaps the television

interface adapter .


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.

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Stampede (Mattel): The Activision television qame

cartridge and portions of the television qame

console.



7 products identified in Schedule 1 to the Notice to Take Deposit ion


9 "Decathlon" , "Stampede", "Gran Prix", "Barnstorming", "Sky Jinks",


11 response to INTERROGATORY NO. 50 of DEFENDANT'S FIRST SET OF


13 the Sears Tele-Game Video Arcade, and the combination of the

14 Colecovision game console and the Expansion Module 1) which




18 c l aim :

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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


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RESPONSE:



4 completed their discovery as to the television game cartridges

5 manufactured, used, and/ or sold by Activision, and the television




9 this interrogatory as premature .


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.


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


18 te l e v ision game console, except where the Mattel version is


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.

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A.

B.

Pressure Cooker : The "Short-Order Sam" symbol may

be moved horizontally.

Pressure Cooker : The "Short-Order Sam" symbol may

be moved vertically.

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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;

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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-



( 1 INTERROGATORY NO. 187




5 "Decathlon", "Stampede", "Gran Prix" , "Barnstorming", "Sky Jinks",


7 response to INTERROGATORY NO . SO of DEFENDANT'S FIRST SET OF


9 the Sears Tele-Came Video Arcade, and the combination of the





14 claim :

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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;

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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



2 For each combination, if any, of the television qame



5 "Decathlon" , "Stampede", "Gran Prix", "Barnstorming", "Sky Jinks" ,


7 response to INTERROGATORY NO . 50 of DEFENDANT'S FIRST SET OF


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:

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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 .

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INTERROGATORIES (NOS. 183-192 )

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RESPONSE:


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


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.


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B.

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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


television interface adapter, and the

microprocessor.



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 .

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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 .


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


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H. Dolphin , Pressure Cooker and Stampede: At least the

Ativision television game cartridge and the

microprocesor.



console.

8 INTERROGATORY NO. 189


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",


14 response to INT~RROGATORY NO. 50 of DEFENDANT'S FIRST SET OF


16 the Sears Tele-Game Video Arcade, and the combination· of the



19 United States Patent Re. 28,507, identify the ele~ents which


21 claim:

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A.

B.

A variation in the horizontal position of the

hitting symbol;

A variation in the vertical position of the hitting

symbol; and

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C. Means for providinq horizontal and vertical control

aiqnal for varying the horizontal and vertical

positions of said hitting symbol .

RESPONSE:


information requested in Interrogatory 189. Plaintiffs have not


manufactured, used, and/or sold by Activision, and the television



~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.

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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




"Decathlon", "Stampede", "Cran Prix", "Barnstorming", ''Sky Jinks",


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 ;

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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 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

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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:


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



14 t hi s interrogatory as premature .


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 .


2 0 Activision television game cartridge and the Atari VCS Model 2600,

21 the Sears Tele-Came Video Arcade, the Colecov ision game console


23 television game console, except where the Mattel version is


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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,


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,


The Activision television game caratridge , the microprocessor, and

the television interface adapter.


cartridge and at least portions of the television game console.

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PLAINTIFFS' RESPONSE TO DEFENDANT ' S THIRD SET OF


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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.


~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 .

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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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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.

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PLAINTiffS' RESPONSE TO DEFENDANT'S THIRD SET Of


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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 .

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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,


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




"Decathlon", "Stampede", "Gran Prix", "Barnstorming", "Sky Jinks",


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

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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.

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F .

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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 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 .

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(

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RESPONSE: 1

2 Plaintiffs are at this time unable to supply all the


4 completed their discovery as to the television qame cartridges

5 manufactured, used, and/ or sold by Activision, and the television



8 to the subject matter of this interrogatory . Plaintiffs object

9 this interrogatory as premature.

10

11 INTERROGATORY Nu . 192


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",


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


22 United States Patent Re. 28.507, identify the elements which


24 claim :

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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:


information requested in Interrogatory 192. Plaintiffs have not


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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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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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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