Case 1:04-cv-00138-JJF Document 175-10 Filed O1/13/2006 Page 1 of 2
Case 1:04-cv-00138-JJF Document 175-10 Filed O1/13/2006 Page 2 of 2
EXHIBIT 9
SCIENTIFIC GAMES’ STATEMENT OF INTENDED PROOFS
1. Scientific Games intends to prove that it has not infringed claims 20 or 21
of the ‘337 patent or claim 18 of the ‘624 patent by making, using, offering for sale or selling its
P1ayCentral Kiosk.
2. Scientific Games intends to prove that claims 20 and 21 of the ‘337 patent zi
and claim 18 of the ‘624 patent are invalid, either for anticipation under 35 U.S.C. § 102 or
obviousness under 35 U.S.C. § 103.
3. Scientific Games intends to prove that claim 18 of the ‘624 patent is
invalid for indefiniteness under 35 U.S.C. § 112, *1] 2, if the structure corresponding to the "means
for dispensing" element is not construed to include the feeding and bursting mechanism
disclosed in the ‘337 patent and incorporated by reference into the ‘624 patent.
4. Scientific Games intends to prove that any infringement of the ‘337 patent
or the ‘624 patent has not been willful.
5. Scientific Games intends to prove that, if the ‘337 patent or ‘624 patent is
valid and infringed, GTECH is not entitled to recover lost profits damages. Scientific Games
intends to prove that GTECH is entitled to recover no more than a reasonable royalty that is
limited by the non-infringing alternatives that were available to Scientific Games at the time of
the hypothetical negotiation in 2003.
6. Scientific Games intends to prove that GTECH’s damages claim should be
limited under 35 U.S.C. § 287(a) as a result of GTECH’s failure to mark its products sold in the
United States with the numbers of the patents in suit.
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Case 1:04-cv-00138-JJF
Document 175-10
Filed 01/13/2006
Page 1 of 2
Case 1:04-cv-00138-JJF
Document 175-10
Filed 01/13/2006
Page 2 of 2