Free Order on Motion for Partial Summary Judgment - District Court of Delaware - Delaware

Case 1:04-cv—01532-KAJ Document 134 Filed 07/21/2006 Page 1 of 3
IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF DELAWARE
INGENIO, FILIALE DE LOTO-QUEBEC, )
INC., )
I
Plaintiff, )
I
v. ) Civil Action No. 04-1532-KAJ
I
GAMELOGIC, INC., )
I
Defendant. )
ORDER
For the reasons set forth in the Memorandum Opinion issued today, IT IS
HEREBY ORDERED that the following disputed claim terms of U.S. Patent No.
5,569,082 (issued October 29, 1996) and U.S. Patent No. 5,709,603 (issued January
29, 1998) are construed as follows:
Claim Term The Court’s Construction
"code which includes data indicating The court construes construe "indicating"
whether the player wins or loses" in the context of "code which includes
data indicating whether the player wins or
loses" to mean that the code "shows the
way to, points out, or makes clear in
another way."
"lottery game" The court construes "Iottery game" to
mean "a game based on three basic
principles: payment associated with
participation in a chance to win; a result
based on chance; and a prize awarded to
the winner(s)."

Case 1 :04-cv—01532-KAJ Document 134 Filed 07/21/2006 Page 2 of 3
"amusement game" The court construes "amusement game"
in the context of the phrase "the lottery
game and an amusement game" to mean
"a game which amuses the player, which
can be combined with or separate from
the ‘actuaIization’ game which reveals the
result of the lottery game."
"data being unrecognizable to the p|ayer" The court construes the phrase "data
being unrecognizable to the player" to
mean "the player is not able to recognize
from the data whether the player wins or
loses the lottery game and amusement
game."
"a processor" The court construes "a processor” to
mean "one or more processors."
"reading the code by a processor" The court construes "reading" in the
context of the phrase "reading the code
by a processor" will be construed to
mean "receiving input of the code from
some source, which may include a
computer program/software source."
"processor within a computing device" The court construes the term "processor
within a computing device" to be
synonymous with the term "processor" as
it is used in claim 1 of the ‘082 patent.
"processor includes a computing device" The term "processor includes a
computing device" is indecipherable.
IT IS FURTHER ORDERED that the Motion for Partial Summary Judgment of
Infringement and Validity filed by plaintiff Ingenio, Filiale de Loto-Quebec, Inc. (D.|. 112)
is GRANTED as to Ingenio’s claim that GameLogic infringes claim 1 of the ‘082 patent,
and as to GameLogic’s lack—of-enablement defense.
IT IS FURTI-IER ORDERED that the Motion for Partial Summary Judgment of
Infringement and Validity filed by plaintiff Ingenio, Filiale de Loto-Quebec, Inc. (D.I. 112)
is DENIED as to |ngenio’s claim that GameLogic infringes claim 1 of the ‘603 patent.
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Case 1 :04-cv—01532-KAJ Document 134 Filed 07/21/2006 Page 3 of 3
IT IS FURTHER ORDERED that the Motion for Summary Judgment of Non-
Infringement filed by GameLogic, Inc. is DENIED.
UJT§ STATES EYISTRIC QJUDGE I
July 21, 2006
Wilmington, Delaware
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