Free Proposed Pretrial Order - District Court of Delaware - Delaware

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EXHIBIT 11
SCIENTIFIC GAlV[ES’ MISCELLANEOUS PRETRIAL ISSUES
l. Scientific Games objects to GTECH’s designation of over 1000 trial
exhibits as excessive and not reflecting a good—faith identification of the exhibits that GTECH
intends to introduce at trial. GTECH should be ordered to provide Scientific Games immediately L,
with a revised list of its trial exhibits, which reflects a good·faith identification of the exhibits
that GTECH actually intends to introduce at trial.
2. GTECH should be precluded from calling Richard Zimmer as a trial
witness, as a result of GTECH’s failure to identify Mr. Zimmer during the discovery period as
someone with knowledge of the facts of this case. GTECH also should be precluded from
offering testimony from Brian Roberts concerning the issue of marking, as a result of GTECH’s
failure to identify Mr. Roberts during the discovery period as someone with knowledge regarding
that issue. Finally, GTECH should be precluded from offering any documents or other evidence
concerning the issue of marking that were not produced to Scientific Games during the discovery
period.
3. GTECH should be precluded from calling Michael Dolan as a trial
witness, as a result of GTECH’s failure to identify Mr. Dolan during the discovery period as
someone with knowledge of the facts of this case.
4. GTECH should be precluded from offering any evidence or argument
concerning Scientific Games’ decision not to waive the attorney·client privilege with respect to
its opinions of counsel, or to otherwise offer evidence or argument in disregard of the Federal
Circuit’s decision in Knorr-Bremse Systeme F uer Nutzfczlzrzeuge GmbH v. Dana Corp., 383 F.3d
1337 (Fed. Cir. 2004).

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5. GTECH should be precluded from offering any testimony or evidence
from Joseph Perin concerning Scientific Games’ alleged failure to exercise due care with respect
to the patents in suit, in light of Mr. Perin’s lack of expertise on that subject.
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