Free Redacted Document - District Court of Delaware - Delaware

Case 1 :04-cv-00138-JJF Docu ment 159 Filed 12/O9/2005 Page 1 of 4
IN THE UIYITED S`I‘A'I‘ES DISTRICT COURT l I l
FOR THE DISTRICT OF BELAWARLE ·
@@“T @
GTECH CORPORATION, ) _
J
Plaintiti ) ,,
) Civil Action No. 04—133—JIF ‘·?
v. ) : _ ‘ _
) ..
SCIENTIFIC GAMES IITTERNATIONAL, INC., )
SCIENTIFIC GAMES HOLDINGS )
CORPORATION, SCIENTIFIC GAMES ) J
__ FINANCE CORPORATION, and SCIENTIFIC ) `
GAMES CORPORATION, ) Q`
Defendants. ) l" ’
.
DECLARAHON OF SHELLA SMITH · {
I, Sheila Smith, declare and State as follows: .
l. I have 25 years of experience working for the Ohio Lottery Commission · ;
until I retired in July 2002. During my tenure there, I served in numerous capacities U
including as Instant Ticket Product Manager (named to that post in 1990), Deputy
Director Instant Tickets and Deputy Director Product Research & Development (fiom 2;
July 2001 until retirement} In those roles, Iwas extensively involved in innovation in Q,
_ _ the development and marketing of instant lottery games.] was also intimately involved in i
instant tickets, including instant ticket marketing, as well as positioning of instanttickets, ,
instant ticket vending machines ("ITVMs") and other issues concerning sales and
gt .
promotion of instant tickets, I also structured and was involved in focus group testing I
concerning instant tickets and therefore gained experience with the customer perception
and feedback concerning instant tickets and ITVMA. I have won numerous awards in ·

Case 1 :04-cv-00138-JJ F Document 159 Filed 12/O9/2005 Page 2 of 4
recognition of my expertise and/or contributions to innovation in the tieid of instant ticket
products and the gaming industry. The details of my backgzotmd and experience are set
forth on my curriculum vitae annexed as Exhibit A to my opening eport report, Exhibit A
hereto. · V
5. Ihave been engaged as an expm witness by plaintiE° GTECH Corporation -
("G'IECH“) in this litigation and submit this declaration on behalf of GTECH in support
of its opposition to defendant?. Scientiic Games et al.’s, motion for summary judgment .
_ L that its accused P1ayCentral instant ticket vending machine does not inninge asserted ·' in
claims 18 of U.S. Patent No. 5,222,624 (thc "’624 petent”) and claims 20 and 2i of U.S. I' .i
Patent No. 4,982,337 (the ‘°’33'7 pat:-mt") (collectively ‘*the asserted eEairns“).
6. Iheve previously provided expert reports on the issues concerning the _ I `
infringement ofthe asserted claims ofthe *624 and *337 patents by defendants
PleyCent1*el machine. Those expert reports, dated August 12, 2005 and September 16,
2005, respectively, are attached hereto as Exhibits A and B. I
7. I declare under penalty of peijury under the laws ofthe United States of °
America that the attached Expert Report 0fS}2eIi¤ Smith, dated August 12, 2005, is true V
and correct. it
8. I declare under penalty of perjury under the laws ofthe United States of
Arnerica that the attached Rebuttal Expert Report 0_;;`»S'heIia Smitiz, dated SeptemheE·`l 6, i l
2005, is true and correct. `
Executed on D€C€I31b€1`_IZ_, 2005, at Euclid, Ohio. g - -
"

Case 1:04-cv-00138-JJF Document 159 Filed 12/O9/2005 Page 3 of 4
CERTIFICATE OF SERVICE
I I, Andrew A. Lundgren, Esquire, hereby certify that on December 2, 2005, Icaused to be ‘
electronically filed a true and correct copy ofthe foregoing document with the Clerk of the Court
using CNUECF, which will send notification that such filing is available for viewing and
downloading to the following counsel of record: _
Jack B. Blumenfeld Esquire
Morris Nichols Arsht Sc Tunnel}
1201 North Market Street
-- Wilmington, DE 19801
I furtlier certify that on December 2, 2005, I caused e. copy ofthe foregoing document to
be served by hand delivery on the above-·iisted counsel of record.
YO AWAY STARGATT & TAYLOR, LLP -
Josy W. Ingersoll (#1088
J chu W. Shaw (#3362)
Karen E. Keller (#4489)
Andrew A. Lundgren (#4429)
YOUNG CONAWAY STARGATT & TAYLOR., LLP .
The Brendyvvirie Building
1000 West Street, l7tl1 Floor
P.O. Box 39t
Wilmington, Delaware 19899-039i
(302) 571-6600 ..-
kl~:[email protected]
Attorneys for GTECH Corporation
¤sct:1a2s¤¤z.t 053G55.l0D1

Case 1:04-cv-00138-JJF Document 159 Filed 12/O9/2005 Page 4 of 4
CERTIFICATE OF SERVICE
1, Andrew A. Lundgren, Esquire, hereby certify that on December 9, 2005, I caused to be
electronically tiled a true and correct copy ofthe foregoing document with the Clerk ofthe Court
using CM/ECP, which will send notification that such tiling is available for viewing and
downloading to the following counsel of record:
Jack B. Blumenfeld Esquire
Morris Nichols Arsht & Tunneli
120l North Market Street
Wilmington, DE l980l
I furtherlcertiiy that on December 9, 2005, I caused a copy ofthe foregoing document to
be served by hand delivery on the above—listed counsel of record.
YOUNG CONAWAY STARGATT & TAYLOR, LLP `
Josy W. Ingersoll (#1088)
John W. Shaw (#3362)
Karen E. Keller (#4489)
Andrew A. Lundgren (#4429)
The Brandywine Building
l000 West Street, 17th Floor
9.0. Box 391
Wilmington, Delaware 19899-0391 __
(302) 57i—6600
[email protected]
Attomeysfor GTECH Corporation
oss1;rs2ss92.1 ssaussreoi

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