Free Redacted Document - District Court of Delaware - Delaware

Case 1 :04-cv-00138-JJF Document 222 Filed O2/08/2006 Page 1 of 4
IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF DELAWARE
GTECH CORPORATION,
Plaintiff,
v. C.A. No. 0·4—l3S—IJF
SCIENTIFIC GAMES INTERNATIONAL,
INC., SCIENTIFIC GAMES HOLDINGS { REDACTED VERSION
CORPORATION, SCIENTIFIC GAMES
FINANCE CORPORATION, and
SCIENTIFIC GAMES CORPORATION, Q
Defendants.
SCIENTIFIC GAMES’ RESPONSE TO GTECH’S MOTION IN LIMINE NO. 8
TO PRECLUDE SCIENTIFIC GAMES FROM OFFERING
COLOR PHOTOGRAPHS OF THE IOWA PAT
Scientific Games International, Inc., Scientific Games Holdings Corporation,
Scientific Gaines Finance Corporation, and Scientific Games Corporation (collectively,
“‘Scientific Ganies") oppose GTECI-I’s motion in liniine to preclude Scientific Games from
ot`fering color photographs of the Iowa PAT.
GTECH’s assertion that Scientific Gaines
REDACTED is simply wrong.
Scientific Gaines produced a color copy of the photograph of the Iowa PAT, Bates labeled as
SGH04830, on April 25, 2005 (Ex. A). On April 29, 2005, in response to GTECH’s
Interrogatory No. 7 concerning Scientific Ga1nes’ invalidity contentions, Scientific Gaines
specifically identified the color photograph of the Iowa PAT as one of the documents on which it
intended to rely (Ex. B at ll, 15; emphasis added):
Scientific Gainesf PATs were lottery ticket vending
machines that included a housing with an outlet opening accessible
to the ticket purchaser, a touch-screen for ordering multipie tickets

Case 1:O4—cv—OO138-JJF Document 222 Filed O2/08/2006 Page 2 of 4
2.
in a single batch, and dispensing means for dispensing the instant
lottery tickets through the outlet opening (see SGI002060~l63;
SGI10483031, $(3110481]-12; SGHOSIS3; SGIl066l5).
In response to topic 58 of GTECH’s 30(b)(6) deposition notice, Scientific Games
designated William Behm to testify as its corporate representative concerning "[t]he conception,
design, development, manufacture, operation, sale, offer for sale, and use of the ‘Player
Activated Terminai’ identified in Scientific Garnes’ Response to GTECH’s Interrogatory No. 7
. . ." (Ex. C at 12). At his deposition, on May 27, 2005, Mr. Behm testitied
REDACTED
Mr. Behin told GTECH about the existence of the photograph and what was depicted in the
photograph —— but GTECH never followed up to ask Mr. Behm what photograph he was referring

Case 1:O4—cv—OO138-JJF Document 222 Filed O2/08/2006 Page 3 of 4
3.
to or where it could be found. GTECH also never asked Scientific Games to identify where the
photograph could be found in Scientific Games’ document production.
GTECH’s lengthy quotation from Professor Myers’ deposition is also misleading.
GTECH deposed Professor Myers on October I2, 2005 (see D,}. 188, Ex. 40). Two weeks
earlier, on September 30, 2005, Scientific Games deposed GTECl·l’s expert, Joseph Perin. At
Mr. Perin’s deposition, Scientific Gaines marked a color copy of the photograph of the Iowa
PAT as Defendants Exhibit 123 (Ex. E). Thus, even if Scientific Garnes had failed to produce a
color copy of the photograph during discovery (which it had not), there was no reason for
GTECH to question Professor Myers using a black—and—white copy of the document, since
GTECH had received a color copy of the document at Mr. Perin’s deposition two weeks earlier,
and Professor Myers testified he had reviewed a color copy of the document (and not a black-
and~·white copy) in his work on the case (see DI. l88, Ex. ·<£0 at 114-15).
Finally, on November 3, 2005, GTECH requested the inspection of "all originals’”
of the photograph "in either Scientific Garnes’ or Morris Nichols’ possession, custody and
control . . ." (Ex. F). Scientific Games located the original photograph in its files in Georgia, and
made it available for inspection in Delaware (Ex. G). Scientific Gaines also provided GTECH
with an electronic version of the photograph, and provided GTECH with photographic
reproductions ofthe original (Ex. H).

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4.
GTECH’s motion in limine to preclude Scientific Games from offering color
photographs 0f the Iowa PAT should be denied.
MORRIS, NICHOLS, ARSHT & TUNNEL}., LLP
/9/ Rodger D. Smith H
Jack B. Blumenfeld (#1014)
Rodger D. Smith Il (#3778)
1201 N. Market Street
P.O. Box 1347
Wilmington, DE 198991347
(302) 658-9200
[email protected]
Attorneys for Defendants
Original Filing Date; February 2, 2006
Redacted Filing Date: February S, 2006
sorvrs

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