Lodsys, LLC v. Combay, Inc. et al

Filing 82

AMENDED ANSWER to 26 Amended Complaint,, COUNTERCLAIM against Lodsys, LLC by Take-Two Interactive Software, Inc.. (Barsky, Wayne)

IN THE UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF TEXAS
MARSHALL DIVISION
LODSYS, LLC
Plaintiff,
v.
ATARI INTERACTIVE, INC.; COMBAY,
INC.; ELECTRONIC ARTS, INC.;
ICONFACTORY, INC.; ILLUSION LABS
AB; MICHAEL G. KARR D/B/A
SHOVELMATE; QUICKOFFICE, INC.;
ROVIO MOBILE LTD.; RICHARD
SHINDERMAN; SQUARE ENIX LTD.;
TAKE-TWO INTERACTIVE SOFTWARE
INC.,
Defendants.

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CIVIL ACTION NO. 2:11-cv-00272-DF

JURY TRIAL DEMANDED

DEFENDANT TAKE-TWO INTERACTIVE SOFTWARE, INC.’S AMENDED ANSWER
AND AFFIRMATIVE DEFENSES TO THE COMPLAINT AND COUNTERCLAIMS
Defendant Take-Two Interactive Software, Inc. (“Take-Two”), by and through their
attorneys, answer Plaintiff Lodsys, LLC’s (“Plaintiff”)’s Complaint (“Complaint”) and assert
defenses and counterclaims as follows:
THE PARTIES
1.

Take-Two is without knowledge or information sufficient to form a belief as to

the truth of the allegations set forth in paragraph 1 of the Complaint and, on that basis, denies
each and every allegation in that paragraph.
2.

Take-Two is without knowledge or information sufficient to form a belief as to

the truth of the allegations set forth in paragraph 2 of the Complaint and, on that basis, denies
each and every allegation in that paragraph.

3.

Take-Two is without knowledge or information sufficient to form a belief as to

the truth of the allegations set forth in paragraph 3 of the Complaint and, on that basis, denies
each and every allegation in that paragraph.
4.

Take-Two is without knowledge or information sufficient to form a belief as to

the truth of the allegations set forth in paragraph 4 of the Complaint and, on that basis, denies
each and every allegation in that paragraph.
5.

Take-Two is without knowledge or information sufficient to form a belief as to

the truth of the allegations set forth in paragraph 5 of the Complaint and, on that basis, denies
each and every allegation in that paragraph.
6.

Take-Two is without knowledge or information sufficient to form a belief as to

the truth of the allegations set forth in paragraph 6 of the Complaint and, on that basis, denies
each and every allegation in that paragraph.
7.

Take-Two is without knowledge or information sufficient to form a belief as to

the truth of the allegations set forth in paragraph 7 of the Complaint and, on that basis, denies
each and every allegation in that paragraph.
8.

Take-Two is without knowledge or information sufficient to form a belief as to

the truth of the allegations set forth in paragraph 8 of the Complaint and, on that basis, denies
each and every allegation in that paragraph.
9.

Take-Two is without knowledge or information sufficient to form a belief as to

the truth of the allegations set forth in paragraph 9 of the Complaint and, on that basis, denies
each and every allegation in that paragraph.

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10.

Take-Two is without knowledge or information sufficient to form a belief as to

the truth of the allegations set forth in paragraph 10 of the Complaint and, on that basis, denies
each and every allegation in that paragraph.
11.

Take-Two is without knowledge or information sufficient to form a belief as to

the truth of the allegations set forth in paragraph 11 of the Complaint and, on that basis, denies
each and every allegation in that paragraph.
12.

Take-Two admits the allegations of paragraph 12 of the Complaint.
JURISDICTION AND VENUE

13.

Take-Two admits that Plaintiff purports to bring an action arising under Title 35

of the United States Code as a claim for patent infringement, for which subject matter
jurisdiction would be proper in this Court pursuant to 28 U.S.C. §§ 1331 and 1338(a). For
purposes of this action only, Take-Two admits that, pursuant to 28 U.S.C. §§ 1391 and 1400(b),
venue may be found in the Eastern District of Texas, but further states that venue is proper in
other districts pursuant to 28 U.S.C. §§ 1391 and 1400(b), and Take-Two reserves all rights to
move for transfer of venue of this action, severance, or consolidation with other related actions.
Except as so admitted, Take-Two, denies the allegations of paragraph 13 to the extent they relate
to Take-Two. Take-Two denies that it has committed acts of infringement in this District. TakeTwo denies any express or implied allegation within paragraph 13 that it has infringed, or is now
infringing, directly or indirectly, any patent, and denies that Plaintiff is entitled to damages, an
injunction, and/or any other relief. Take-Two is without knowledge or information sufficient to
form a belief as to the truth of the allegations set forth in this paragraph as they relate to the other
defendants and, on that basis, therefore denies those allegations.

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14.

For purposes of this action only, Take-Two admits only that this Court has

personal jurisdiction over it. Except as so admitted, Take-Two denies the allegations of
paragraph 14 to the extent they relate to Take-Two. Take-Two denies any express or implied
allegation within paragraph 14 that it has infringed, or is now infringing, directly or indirectly,
any patent, and denies that Plaintiff is entitled to damages, an injunction, and/or any other relief.
Take-Two is without knowledge or information sufficient to form a belief as to the truth of the
allegations set forth in this paragraph as they relate to the other defendants and, on that basis,
therefore denies those allegations.
INFRINGEMENT OF U.S. PATENT NO. 7,620,565 B2
15.

Take-Two admits that the Complaint purports to attach a copy of U.S. Patent No.

7,620,565 (the “’565 patent”) as Exhibit A. Take-Two further admits that such copy of the ’565
patent, on its face, states that it issued on November 17, 2009 and is entitled “Customer-Based
Product Design Module.” Take-Two is without knowledge or information sufficient to form a
belief as to the truth of the remaining allegations of paragraph 15 of the Complaint and, on that
basis, denies each and every remaining allegation in that paragraph.
16.

Take-Two is without knowledge or information sufficient to form a belief as to

the truth of the allegations set forth in paragraph 16 of the Complaint and, on that basis, denies
each and every allegation in that paragraph.
17.

Take-Two is without knowledge or information sufficient to form a belief as to

the truth of the allegations set forth in paragraph 17 of the Complaint and, on that basis, denies
each and every allegation in that paragraph.

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18.

Take-Two is without knowledge or information sufficient to form a belief as to

the truth of the allegations set forth in paragraph 18 of the Complaint and, on that basis, denies
each and every allegation in that paragraph.
19.

Take-Two is without knowledge or information sufficient to form a belief as to

the truth of the allegations set forth in paragraph 19 of the Complaint and, on that basis, denies
each and every allegation in that paragraph.
20.

Take-Two is without knowledge or information sufficient to form a belief as to

the truth of the allegations set forth in paragraph 20 of the Complaint and, on that basis, denies
each and every allegation in that paragraph.
21.

Take-Two is without knowledge or information sufficient to form a belief as to

the truth of the allegations set forth in paragraph 21 of the Complaint and, on that basis, denies
each and every allegation in that paragraph.
22.

Take-Two is without knowledge or information sufficient to form a belief as to

the truth of the allegations set forth in paragraph 22 of the Complaint and, on that basis, denies
each and every allegation in that paragraph.
23.

Take-Two is without knowledge or information sufficient to form a belief as to

the truth of the allegations set forth in paragraph 23 of the Complaint and, on that basis, denies
each and every allegation in that paragraph.
24.

Take-Two is without knowledge or information sufficient to form a belief as to

the truth of the allegations set forth in paragraph 24 of the Complaint and, on that basis, denies
each and every allegation in that paragraph.

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25.

Take-Two is without knowledge or information sufficient to form a belief as to

the truth of the allegations set forth in paragraph 25 of the Complaint and, on that basis, denies
each and every allegation in that paragraph.
26.

Take-Two denies each and every allegation of paragraph 26. Take-Two denies

any express or implied allegation within paragraph 26 that it has infringed, or is now infringing,
directly or indirectly, any patent, and denies that Plaintiff is entitled to damages, an injunction,
and/or any other relief.
27.

Take-Two denies each and every allegation of paragraph 27 of the Complaint as

they relate to Take-Two. Take-Two denies any express or implied allegation within paragraph
27 that it has infringed, or is now infringing, directly or indirectly, any patent, and denies that
Plaintiff is entitled to damages, an injunction, and/or any other relief. Take-Two is without
knowledge or information sufficient to form a belief as to the truth of the allegations set forth in
this paragraph as they relate to the other defendants and, on that basis, denies each and every
remaining allegation of paragraph 27 of the Complaint.
INFRINGEMENT OF U.S. PATENT NO. 7,222,078 B2
28.

Take-Two admits that the Complaint purports to attach a copy of U.S. Patent No.

7,222,078 (the “’078 patent”) as Exhibit B. Take-Two further admits that such copy of the ’078
patent, on its face, states that it issued on May 22, 2007 and is entitled “Methods and Systems for
Gathering Information from Units of a Commodity Across a Network.” Take-Two is without
knowledge or information sufficient to form a belief as to the truth of the remaining allegations
of paragraph 28 of the Complaint and, on that basis, denies each and every remaining allegation
in that paragraph.

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29.

Take-Two is without knowledge or information sufficient to form a belief as to

the truth of the allegations set forth in paragraph 29 of the Complaint and, on that basis, denies
each and every allegation in that paragraph.
30.

Take-Two is without knowledge or information sufficient to form a belief as to

the truth of the allegations set forth in paragraph 30 of the Complaint and, on that basis, denies
each and every allegation in that paragraph.
31.

Take-Two is without knowledge or information sufficient to form a belief as to

the truth of the allegations set forth in paragraph 31 of the Complaint and, on that basis, denies
each and every allegation in that paragraph.
32.

Take-Two is without knowledge or information sufficient to form a belief as to

the truth of the allegations set forth in paragraph 32 of the Complaint and, on that basis, denies
each and every allegation in that paragraph.
33.

Take-Two is without knowledge or information sufficient to form a belief as to

the truth of the allegations set forth in paragraph 33 of the Complaint and, on that basis, denies
each and every allegation in that paragraph.
34.

Take-Two is without knowledge or information sufficient to form a belief as to

the truth of the allegations set forth in paragraph 34 of the Complaint and, on that basis, denies
each and every allegation in that paragraph.
35.

Take-Two is without knowledge or information sufficient to form a belief as to

the truth of the allegations set forth in paragraph 35 of the Complaint and, on that basis, denies
each and every allegation in that paragraph.

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36.

Take-Two is without knowledge or information sufficient to form a belief as to

the truth of the allegations set forth in paragraph 36 of the Complaint and, on that basis, denies
each and every allegation in that paragraph.
37.

Take-Two is without knowledge or information sufficient to form a belief as to

the truth of the allegations set forth in paragraph 37 of the Complaint and, on that basis, denies
each and every allegation in that paragraph.
38.

Take-Two is without knowledge or information sufficient to form a belief as to

the truth of the allegations set forth in paragraph 38 of the Complaint and, on that basis, denies
each and every allegation in that paragraph.
39.

Take-Two denies each and every allegation of paragraph 39. Take-Two denies

any express or implied allegation within paragraph 39 that it has infringed, or is now infringing,
directly or indirectly, any patent, and denies that Plaintiff is entitled to damages, an injunction,
and/or any other relief.
40.

Take-Two denies each and every allegation of paragraph 40 of the Complaint as

they relate to Take-Two. Take-Two denies any express or implied allegation within paragraph
40 that it has infringed, or is now infringing, directly or indirectly, any patent, and denies that
Plaintiff is entitled to damages, an injunction, and/or any other relief. Take-Two is without
knowledge or information sufficient to form a belief as to the truth of the allegations set forth in
this paragraph as they relate to the other defendants and, on that basis, denies each and every
remaining allegation of paragraph 40 of the Complaint.
41.

In response to Plaintiff’s Jury Demand, Take-Two also demands a trial by jury on

all issues so triable.

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42.

In response to Plaintiff’s Prayer for Relief, Take-Two denies that Plaintiff is

entitled to any relief sought in Paragraphs (a) through (f) of the Prayer for Relief, as they relate
to Take-Two. Take-Two is without knowledge or information sufficient to form a belief as to
Plaintiff’s entitlement to any relief sought of other defendants and, on that basis, denies that
Plaintiff is entitled to any relief sought of other defendants.
43.

Any remaining allegations in the Complaint that are not expressly admitted are

denied.

AFFIRMATIVE DEFENSES
Take-Two asserts the following affirmative defenses to the Complaint. Assertion of such
a defense is not a concession that Take-Two has the burden of proving the matter asserted.
First Affirmative Defense
(License/Exhaustion of Patent Rights and First Sale)
44.

Apple, Inc. (“Apple”) holds a license to the ’565 patent and the ’078 patent. Such

license permits Apple to offer and otherwise make available to Take-Two and others products
and services that embody the inventions contained in the ’565 and ’078 patents. Plaintiff’s
infringement claims against Take-Two are based on Take-Two’s use of products and services
that Apple is authorized to provide under such license and which Plaintiff claims embody the
’565 and ’078 patents. Under the patent law doctrines of exhaustion and first sale, Take-Two
can use the products and services Apple provides to it free of claims of infringing the ’078 and
’565 patents. Therefore, Plaintiff’s claims against Take-Two are barred by the license to Apple
and the doctrines of patent exhaustion and first sale.

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Second Affirmative Defense
(Non-Infringement of U.S. Patent No. 7,620,565)
45.

Take-Two has not infringed, and does not infringe, directly or indirectly, either

literally or by application of the doctrine of equivalents, any valid claim of the ’565 patent.
Third Affirmative Defense
(Non-Infringement of U.S. Patent No. 7,222,078)
46.

Take-Two has not infringed, and does not infringe, directly or indirectly, either

literally or by application of the doctrine of equivalents, any valid claim of the ’078 patent.
Fourth Affirmative Defense
(Invalidity of U.S. Patent No. 7,620,565)
47.

One or more claims of the ’565 patent is invalid and/or unenforceable for failure

to meet one or more of the conditions of patentability and/or patent eligibility specified in Title
35 of the United States Code, including, without limitation, sections 101, 102, 103, and 112.
Fifth Affirmative Defense
(Invalidity of U.S. Patent No. 7,222,078)
48.

One or more claims of the ’078 patent is invalid and/or unenforceable for failure

to meet one or more of the conditions of patentability and/or patent eligibility specified in Title
35 of the United States Code, including, without limitation, sections 101, 102, 103, and 112.
Sixth Affirmative Defense
(Failure to State a Claim)
49.

Plaintiff’s claims should be dismissed under Rule 12(b)(6) of the Federal Rules of

Civil Procedure for failure to state a claim upon which relief can be granted.
Seventh Affirmative Defense
(Limitation on Damages)
50.

Plaintiff’s available remedies are limited or barred by 35 U.S.C. §§ 286, 287, 288

and/or 28 U.S.C. § 1498.

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Eighth Affirmative Defense
(Implied License, Laches, Estoppel, Waiver)
51.

Plaintiff’s claims are barred, in whole or in part, by the equitable doctrines of

implied license, laches, estoppel, and/or waiver.
Ninth Affirmative Defense
(Prosecution Estoppel for U.S. Patent No. 7,620,565)
52.

Plaintiff is estopped from construing the claims of the ’565 patent in such a

manner that covers Take-Two’s activities by reason of, among other things, statements made in
the ’565 patent, amendments, and/or statements made in and to the United States Patent and
Trademark Office during the prosecution of the application that issued as the ’565 patent, prior
statements made in this or any other Court, prior rulings of this or any other Court, and/or
Plaintiff’s prior conduct.
Tenth Affirmative Defense
(Prosecution Estoppel for U.S. Patent No. 7,222,078)
53.

Plaintiff is estopped from construing the claims of the ’078 patent in such a

manner that covers Take-Two’s activities by reason of, among other things, statements made in
the ’078 patent, amendments, and/or statements made in and to the United States Patent and
Trademark Office during the prosecution of the application that issued as the ’078 patent, prior
statements made in this or any other Court, prior rulings of this or any other Court, and/or
Plaintiff’s prior conduct.
Eleventh Affirmative Defense
(Indispensable Parties)
54.

One or more of Plaintiff’s claims are barred, in whole or in part, by its failure to

join one or more necessary and/or indispensable parties.

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Twelfth Affirmative Defense
(Unclean Hands)
55.

One or more of Plaintiff’s claims are barred, in whole or in part, by the doctrine of

unclean hands.

COUNTERCLAIMS
In addition to its affirmative defenses, Defendant Take-Two Interactive Software, Inc.
(“Take-Two”) further asserts the following counterclaims against Plaintiff Lodsys, LLC
(“Lodsys”).
THE PARTIES
56.

Take-Two Interactive Software, Inc. is a corporation duly organized and existing

under the laws of Delaware and has its principal place of business at 622 Broadway, New York,
New York.
57.

On information and belief, Lodsys, LLC is a Texas limited liability company with

its principal place of business in Marshall, Texas.
JURISDICTION AND VENUE
58.

These Counterclaims arise under federal law, and this Court has jurisdiction

pursuant to 28 U.S.C. §§ 1331, 1338, 2201, and 2202, and the Patent Laws of the United States,
35 U.S.C. § 1 et seq.
59.

This Court has personal jurisdiction over Lodsys at least because it has submitted

to the jurisdiction of this Court.
60.

Venue is proper under 28 U.S.C. §§ 1391 and 1400(b).

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61.

On or about May 22, 2007, U.S. Patent No. 7,222,078 (the “’078 patent”) entitled

“Methods and Systems for Gathering Information from Units of a Commodity Across a
Network” issued to named inventor Daniel H. Abelow.
62.

On or about November 17, 2009, U.S. Patent No. 7,620,565 (the “’565 patent”)

entitled “Customer-Based Product Design Module” issued to named inventor Daniel H. Abelow.
63.

Pursuant to 28 U.S.C. § 2201(a), an actual and justiciable controversy has arisen

and exists between Take-Two and Lodsys. Take-Two is entitled to a judicial determination and
declaration that it has not infringed and is not infringing the ’565 patent and the ’078 patent, and
that the ’565 patent and the ’078 patent are invalid and unenforceable.
First Counterclaim
(Declaratory Judgment that Lodsys’s Claims against Take-Two Are Barred by Virtue of
Apple Inc.’s License to U.S. Patent Nos. 7,222,078 and 7,620,565 and the
Doctrines of Patent Exhaustion and First Sale)
64.

Paragraphs 56-63 are incorporated by reference as if fully set forth herein.

65.

On or about July 21, 2011, Lodsys filed its Amended Complaint for Patent

Infringement asserting that Take-Two infringes the ’078 and the ’565 patents.
66.

Apple, Inc. (“Apple”) holds a license to the ’565 patent and the ’078 patent. Such

license permits Apple to offer and otherwise make available to Take-Two and others products
and services that embody the inventions contained in the ’565 and ’078 patents. Lodsys’s
infringement claims against Take-Two are based on Take-Two’s use of products and services
that Apple is authorized to provide under such license and which Lodsys claims embody the ’565
and ’078 patents. Under the patent law doctrines of exhaustion and first sale, Take-Two can use
the products and services Apple provides to it free of claims of infringing the ’078 and ’565
patents. Therefore, Lodsys’s claims against Take-Two are barred by the license to Apple and the
doctrines of patent exhaustion and first sale.

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67.

Notwithstanding Apple’s license, Lodsys has asserted claims of infringement

against Take-Two. Lodsys’s claims against Take-Two are barred by the license to Apple and the
doctrines of patent exhaustion and first sale.
Second Counterclaim
(Declaratory Judgment of Non-Infringement of U.S. Patent No. 7,222,078)
68.

Paragraphs 56-67 are incorporated by reference as if fully set forth herein.

69.

On or about July 21, 2011, Lodsys filed its Amended Complaint for Patent

Infringement asserting that Take-Two infringes the ’078 patent.
70.

Take-Two has not infringed, and does not infringe, directly or indirectly, either

literally or by application of the doctrine of equivalents, any valid claim of the ’078 patent.
Third Counterclaim
(Declaratory Judgment of Non-Infringement of U.S. Patent No. 7,620,565)
71.

Paragraphs 56-70 are incorporated by reference as if fully set forth herein.

72.

On or about July 21, 2011, Lodsys filed its Amended Complaint for Patent

Infringement asserting that Take-Two infringes the ’565 patent.
73.

Take-Two has not infringed, and does not infringe, directly or indirectly, either

literally or by application of the doctrine of equivalents, any valid claim of the ’565 patent.
Fourth Counterclaim
(Declaratory Judgment of Invalidity of U.S. Patent No. 7,222,078)
74.

Paragraphs 56-73 are incorporated by reference as if fully set forth herein.

75.

On or about July 21, 2011, Lodsys filed its Amended Complaint for Patent

Infringement asserting that Take-Two infringes the ’078 patent.
76.

One or more claims of the ’078 patent is invalid and/or unenforceable for failure

to meet one or more of the conditions of patentability and/or patent eligibility specified in Title
35 of the United States Code, including, without limitation, sections 101, 102, 103, and 112.

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Fifth Counterclaim
(Declaratory Judgment of Invalidity of U.S. Patent No. 7,620,565)
77.

Paragraphs 56-76 are incorporated by reference as if fully set forth herein.

78.

On or about July 21, 2011, Lodsys filed its Amended Complaint for Patent

Infringement asserting that Take-Two infringes the ’565 patent.
79.

One or more claims of the ’565 patent is invalid and/or unenforceable for failure

to meet one or more of the conditions of patentability and/or patent eligibility specified in Title
35 of the United States Code, including, without limitation, sections 101, 102, 103, and 112.

PRAYER FOR RELIEF
WHEREFORE, Take-Two prays as follows:
A.

That the Complaint be dismissed in its entirety with prejudice and that a Judgment

be entered for Take-Two;
B.

That Plaintiff take nothing by reason of its Complaint;

C.

For a declaratory judgment that Lodsys’s claims against Take-Two with respect to
U.S. Patent Nos. 7,222,078 and 7,620,565 are barred by the license to Apple and
the doctrines of patent exhaustion and first sale;

D.

For a declaratory judgment that:
(i)

Take-Two does not infringe, directly or indirectly, literally or by
application of the Doctrine of Equivalents, any valid and
enforceable claim of U.S. Patent No. 7,222,078;

(ii)

U.S. Patent No. 7,222,078 is invalid and void;

(iii)

U.S. Patent No. 7,222,078 is unenforceable;

(iv)

Plaintiff, its officers, servants, employees, agents, and attorneys,
and all of those in concert or participation with it, are without right
or authority to threaten or maintain suit against Take-Two, its
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present or prospective customers, agents, servants, or employees,
or users of Take-Two’s products, for alleged infringement of U.S.
Patent No. 7,222,078;
(v)

(vi)

U.S. Patent No. 7,620,565 is invalid and void;

(vii)

U.S. Patent No. 7,620,565 is unenforceable; and

(viii)

E.

Take-Two does not infringe, directly or indirectly, literally or by
application of the Doctrine of Equivalents, any valid and
enforceable claim of U.S. Patent No. 7,620,565;

Plaintiff, its officers, servants, employees, agents, and attorneys,
and all of those in concert or participation with it, are without right
or authority to threaten or maintain suit against Take-Two, its
present or prospective customers, agents, servants, or employees,
or users of Take-Two’s products, for alleged infringement of U.S.
Patent No. 7,620,565;

For an injunction prohibiting Plaintiff, its officers, servants, employees, agents,

and attorneys, and all those in concert or participation with them who receive actual notice of the
injunction, from initiating infringement litigation against and from threatening Take-Two, its
present or prospective customers, agents, servants, or employees, or users of Take-Two’s
products, with infringement litigation or charging any of them either orally or in writing with
infringement of U.S. Patent No. 7,222,078, or representing to any of them that infringement has
occurred, because of the manufacture, use, sale, or offer for sale of any Take-Two products;
F.

For an injunction prohibiting Plaintiff, its officers, servants, employees, agents,

and attorneys, and all those in concert or participation with them who receive actual notice of the
injunction, from initiating infringement litigation against and from threatening Take-Two, its
present or prospective customers, agents, servants, or employees, or users of Take-Two’s
products, with infringement litigation or charging any of them either orally or in writing with
infringement of U.S. Patent No. 7,620,565, or representing to any of them that infringement has
occurred, because of the manufacture, use, sale, or offer for sale of any Take-Two products;

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G.

That Take-Two be awarded under 35 U.S.C. § 285 its attorneys’ fees and costs of

suit incurred in this litigation, as Plaintiff’s conduct as set forth above renders this an exceptional
case; and
H.

For other such relief as the Court deems proper.

DEMAND FOR JURY TRIAL
Take-Two demands a jury trial, pursuant to Fed. R. Civ. P. 38(b), on all issues that may
be tried by jury.
October 20, 2011
Respectfully submitted,
/s/ Wayne M. Barsky
Wayne M. Barsky (CA Bar No. 116731)
GIBSON, DUNN & CRUTCHER LLP
2029 Century Park East
Los Angeles, CA 90067
Telephone: [phone]
Facsimile: [phone]
[e-mail]
Jason C. Lo (CA Bar No. 219030)
Jennifer J. Rho (CA Bar No. 254312)
GIBSON, DUNN & CRUTCHER LLP
333 South Grand Avenue
Los Angeles, California 90071
Telephone: [phone]
Facsimile: [phone]
[e-mail]
[e-mail]
Counsel for Defendant Take-Two Interactive
Software, Inc.

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CERTIFICATE OF SERVICE
I hereby certify that on October 20, 2011, a true and correct copy of the foregoing
document was served on all attorneys of record who have consented to electronic service via the
Court’s CM/ECF system per Local Rule CV-5(a)(3).
/s/

Jennifer J. Rho
Jennifer J. Rho