Free Proposed Pretrial Order - District Court of Delaware - Delaware

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TAB 8
GTECH’S STATEMENT OF INTENDED PROOFS
I. INFRINGEMENT
l. GTECH intends to prove that Scientific Games has infringed and is
continuing to infringe the ’624 patent by manufacturing, using, selling or offering to sell
its PlayCentral Kiosk in the United States, either literally or under the doctrine of
equivalents.
2. GTECH intends to prove that the PlayCentral Kiosk includes,
literally or under the doctrine of equivalents, each element of claim 18 ofthe ’624 patent.
3. GTECH intends to prove that Scientific Games has infringed and is
continuing to infringe the ’337 patent by manufacturing, using, selling or offering to sell
its PlayCentral Kiosk in the United States, either literally or under the doctrine of
equivalents.
4. GTECH intends to prove that the PlayCentral Kiosk includes,
literally or under the doctrine of equivalents, each element of claims 20 and 2l of the
’337 patent.
H. WILLFUL INFRINGEMENT
1. GTECH intends to prove that Scientific Games has willfully
infringed the ’624 patent.
2. GTECH intends to prove that Scientific Games has willfully
infringed the *337 patent.

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IH. VALIDITY
l. GTECH intends to prove that Scientific Games cannot meet its
burden of proving, by clear and convincing evidence, that claim 18 ofthe ’624 patent is
invalid.
2. GTECH intends to prove that Scientific Games cannot meet its
burden of proving, by clear and convincing evidence, that either claim 20 or 2l of the
’337 patent is invalid.
3. To the extent necessary, GTECH also intends to introduce
evidence to rebut each of Scientific Games’ defenses.
IV. PATENT DAMAGES
l. GTECH intends to prove that, as a consequence of Scientific
Games’ infringement ofthe ’624 and ’337 patents, GTECH has suffered damages as
specified in the Expert Report of John Jarosz, dated August l2, 2005.
2. GTECH intends to prove that it complied with the patent marking
requirements of 35 U.S.C. § 287 such that GTECH is entitled to recover damages for the
entire period of infringement.
3. GTECI-I intends to prove that as a consequence of Scientific
Games’ patent infringement, GTECH is entitled to prejudgment interest.
4. GTECH intends to prove that as a consequence of Scientific
Games’ willful patent infringement, GTECH is entitled to have its damages trebled.
5. GTECH intends to prove that because this is an exceptional case,
GTECH is entitled to its attorneys’ fees.

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V. INJUNCTION
1. GTECH intends to prove that it is entitled to a permanent
injunction against Scientific Games enjoining Scientific Games from further infringement
ofthe ’624 patent. » =;
2. GTECH intends to prove that it is entitled to a permanent
injunction against Scientific Games enjoining Scientific Games from further infringement
ofthe ’337 patent.

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