Free Proposed Order - District Court of Delaware - Delaware

Case 1:O4—cv—OO138-JJF Document 231 Filed O3/06/2006 Page 1 of 3
IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF DELAWARE
GTECH CORPORATION,
Plaintiff,
v. C.A. No. 04-l38—J.IF
SCIENTIFIC GAMES INTERNATIONAL,
INC., SCIENTIFIC GAMES HOLDINGS Q
CORPORATION, SCIENTIFIC GAMES
FINANCE CORPORATION, and
SCIENTIFIC GAMES CORPORATION, g
Defendants.
STIPULATION AND |PR(}POSED| ORDER
WHEREAS, the Court issued a Tentative CIaim Construction Order dated
February 13, 2006 (D.l. 228);
WHEREAS, plaintiff GTECIMI 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 GTECI·I’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 construed the following terms with respect to U.S. Patent
No. 6,222,624: "plurality," "array,” "lottery ticket representationsf “ticket images," "video

Case 1 :04-cv-00138-JJF Document 231 Filed O3/06/2006 Page 2 of 3
display means,”’ and “rneans for dispensing said tickets in a number corresponding to the amount
of money input into said machine by said customer” (Di. 228, it 2); and
WHEREAS, based on the 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
i money input into said machine by said custorner,’” GTECH seeks to enter into a Judgment of
Nondnfringement by Defendants of UCS. Patent No. 6,222,624, to facilitate immediate appellate
review ofthe Court’s claim construction rulings;
lT IS HEREBY STIPULATED AND AGREED, and, subject to the approval of
the Court, HEREBY ORDERED as follows:
l. The Couit’s claim construction rulings are hereby made final.
2. GTECH’s claim for 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 GTECll’s right to appeal the Court’s claim construction rulings related to the ‘624
patent, or Defendants right to seek affirmance 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 afiirmed in
its entirety on appeal, the judgment of nondntiingement by Defendants of the ‘624 patent should
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Case 1 :04-cv-00138-JJF Document 231 Filed O3/06/2006 Page 3 of 3
also be affirmed on appeal. This stipulation shall not waive or prejudice in any way Defendants
right to present alternative arguments on appeal for aftirmance of the judgment of non-
infringement based on the Court’s other claim construction 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/’ Monté YZ Sguire /5*/ Rodger D. Smith H
losy W. tngersoll (#l088) Jack B. Blumenfeld (#1014)
John W. Shaw (#3362) Rodger D. Smith II (#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 39i (302) 658-9200
Wilmington, DE l9899 Attorneys for Defendants
(302) 571-6600
Attorneys for Plaintiff
SO ORDERED this __w day of March 2006.
United States District Court Judge
snsrss
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