Free SO ORDERED - District Court of Delaware - Delaware

Case 1:04-cv-00138-JJF Document 232 Filed O3/08/2006 Page 1 of 3
IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF DELAWARE
GTECH CORPORATION,
Plaintiff,
v. C.A. No. 04-138-JJF
SCIENTIFIC GAMES INTERNATIONAL,
INC., SCIENTIFIC GAMES HOLDINGS
CORPORATION, SCIENTIFIC GAMES E
FINANCE CORPORATION, and
SCIENTIFIC GAMES CORPORATION,
Defendants.
STIPULATION AND |PROPOSED| ORDER
WHEREAS, the Coun issued a Tentative Claim Construction Order dated
February I3, 2006 (D.I. 228);
WHEREAS, plaintiff GTECH Corporation (“GTECI—I") does not seek to
introduce additional evidence on the claim construction issues beyond that already in the record;
WHEREAS, in view of G'I`ECH’s indication that it does not seek to introduce
additional evidence on claim construction, the Court has indicated that the Tentative Claim
Construction Order would be made final (D.I. 229);
WHEREAS, based on the Court‘s claim construction rulings, GTECH does not
seek to proceed further with its allegations of infringement by Defendants of U.S. Patent
No. 4,982,337;
WHEREAS, the Court constmed the following terms with respect to U.S. Patent
No. 6,222,624: "plurality," "array," "lottery ticket representations," “tieket images} "vide0

Case 1:04-cv-00138-JJF Document 232 Filed O3/08/2006 Page 2 of 3
display means," and "means for dispensing said tickets in a number corresponding to the amount
of money input into said machine by said customer" (D.I. 228, {I 2); and
WHEREAS, based on the Court’s claim construction rulings with respect to the
terms "an·ay" and "n1eans for dispensing said tickets in a number corresponding to the amount of
I money input into said machine by said customer," GTECH seeks to enter into a Judgment of
Non-Intringement by Defendants of U.S. Patent No. 6,222,624, to facilitate immediate appellate
review of the Court’s claim construction rulings;
IT IS HEREBY STIPULATED AND AGREED, and, subject to the approval of
the Court, HEREBY ORDERED as follows:
l. The Court’s claim construction rulings are hereby made final.
2. GTECl—I’s claim tbr infringement by Defendants of U.S. Patent
No. 4,982,337 is hereby dismissed with prejudice.
3. In view ofthe Court’s claim construction rulings with respect to the terms
"array" and "means for dispensing said tickets in a number corresponding to the amount of
money input into said machine by said customer," GTECH hereby stipulates to non-infringement
of the asserted claim of U.S. Patent No. 6,222,624. This stipulation shall not waive or prejudice
in any way GTECH’s tight to appeal the Court’s claim construction rulings related to the *624
patent, or Det"endants‘ right to seek aftirmance based on any of the Court’s claim construction
rulings related to the ‘624 patent.
4. The parties hereby stipulate that if the Court’s claim construction ruling
with respect to the term "array" or the term "means for dispensing said tickets in a number
corresponding to the amount of money input into said machine by said customer" is affirmed in
its entirety on appeal, the judgment of nominfringement by Defendants of the *624 patent should
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Case 1:04-cv-00138-JJF Document 232 Filed O3/08/2006 Page 3 of 3
also be affirmed on appeal. This stipulation shall not waive or prejudice in any way Det`endants‘
right to present altemative arguments on appeal for affirmance of the judgment of non-
infringement based on the Court‘s other claim constmction rulings with respect to the *624
patent.
5. In view of the Court’s claim construction rulings, judgment is hereby
entered in favor of Defendants.
YOUNG, CONAWAY, STARGATT & TAYLOR MORRIS, NICHOLS, ARSHT & TUNNELL LLP
/s/Momé TY Squire /5/ Rodger D. Smith H
losy W. Ingersoll (#1088) Jack B. Blumenfeld (#1014)
John W. Shaw (#3362) Rodger D. Smith 11 (#3778)
Karen E. Keller (#4489) 1201 N. Market Street
Monte T. Squire (#4764) P.O. Box 1347
1000 West Street, 17th Floor Wilmington, DE 19899
P.O. Box 391 (302) 658-9200
Wilmington, DE 19899 Attomeys for Defendants
(302) 571-6600
Attomeys for Plaintiff
SO ORDERED this Eday of March 2006.
Unit d ates D ttic ourt Judge
snsvss {
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