Exhibit D to the Complaint.

1

U.S. Patent No. 8,671,195 v. Activision Publishing, Inc.

Claims 1, 7, 9, 17, 19

Case 2:24-cv-00043-JRG-RSP Document 1-4 Filed 01/24/24 Page 1 of 87 PageID #: 86
Exhibit D to the Complaint.

2

1. Claim Chart

Claim Analysis

[1.P] A digital 

media 

communication 

protocol, 

comprising:

Activision Publishing, Inc. (“Company”) makes, uses, sells and/or offers to sell a digital media communication 

protocol.

This element is infringed literally, or in the alternative, under the doctrine of equivalents.

For example, the Company provides Call of Duty: Modern Warfare III, an internet-based game featuring Voice Chat. 

Voice Chat enables players to communicate with their friends through a wireless connection. Furthermore, Voice Chat 

includes a Voice Chat Moderation feature, wherein voice chats are sent to the Activision server via a wireless internet 

connection (“digital media communication protocol”).

Source: https://www.callofduty.com/

Case 2:24-cv-00043-JRG-RSP Document 1-4 Filed 01/24/24 Page 2 of 87 PageID #: 87
Exhibit D to the Complaint.

3

Source: https://support.activision.com/modern-warfare-iii/articles/pc-system-requirements-for-modern-warfare-iii

Source: https://www.youtube.com/watch?v=FQNQUfAFVuE at 0:17

Case 2:24-cv-00043-JRG-RSP Document 1-4 Filed 01/24/24 Page 3 of 87 PageID #: 88
Exhibit D to the Complaint.

4

Source: https://www.youtube.com/watch?v=FQNQUfAFVuE at 0:28

Case 2:24-cv-00043-JRG-RSP Document 1-4 Filed 01/24/24 Page 4 of 87 PageID #: 89
Exhibit D to the Complaint.

5

Source: https://www.youtube.com/watch?v=FQNQUfAFVuE at 0:30

Case 2:24-cv-00043-JRG-RSP Document 1-4 Filed 01/24/24 Page 5 of 87 PageID #: 90
Exhibit D to the Complaint.

6

Source: https://support.activision.com/modern-warfare-iii/articles/connecting-to-modern-warfare-iii

Case 2:24-cv-00043-JRG-RSP Document 1-4 Filed 01/24/24 Page 6 of 87 PageID #: 91
Exhibit D to the Complaint.

7

Source: https://support.activision.com/modern-warfare-iii/articles/connecting-to-modern-warfare-iii

Source: https://support.activision.com/articles/call-of-duty-voice-chat-moderation

Case 2:24-cv-00043-JRG-RSP Document 1-4 Filed 01/24/24 Page 7 of 87 PageID #: 92
Exhibit D to the Complaint.

8

Source: https://support.activision.com/articles/call-of-duty-voice-chat-moderation

Source: https://gamerant.com/call-of-duty-modern-warfare-3-ai-voice-chat-moderation/

Further, to the extent this element is performed at least in part by Defendant’s software source code, Plaintiff shall 

supplement these contentions pursuant to production of such source code by the Defendant.

[1.1] at least 

one media 

terminal 

disposed in an 

accessible 

relation to at 

least one 

interactive 

Company makes, uses, sells and/or offers to sell at least one media terminal disposed in an accessible relation to at 

least one interactive computer network.

This element is infringed literally, or in the alternative, under the doctrine of equivalents.

For example, Call of Duty: Modern Warfare is accessible on both PCs and laptops, with the game installed on the 

player's PC or laptop (“media terminal”). Players engage in communication with one another through the Voice Chat 

feature. When a player utilizes Voice Chat, their voice chats are transmitted from their PC or laptop to the Activision 

Case 2:24-cv-00043-JRG-RSP Document 1-4 Filed 01/24/24 Page 8 of 87 PageID #: 93
Exhibit D to the Complaint.

9

computer 

network,

server via a wireless internet connection (“interactive computer network”). Given that players need to connect to a 

wireless internet connection for both playing the game and engaging in voice chat communication, it is apparent that 

the player's PC or laptop maintains an accessible relationship with the interactive computer network.

Source: https://support.activision.com/modern-warfare-iii/articles/pc-system-requirements-for-modern-warfare-iii

(annotated)

media 

terminal

Case 2:24-cv-00043-JRG-RSP Document 1-4 Filed 01/24/24 Page 9 of 87 PageID #: 94
Exhibit D to the Complaint.

10

Source: https://support.activision.com/modern-warfare-iii/articles/connecting-to-modern-warfare-iii (annotated)

interactive 

computer 

network

Case 2:24-cv-00043-JRG-RSP Document 1-4 Filed 01/24/24 Page 10 of 87 PageID #: 95
Exhibit D to the Complaint.

11

Source: https://support.activision.com/modern-warfare-iii/articles/connecting-to-modern-warfare-iii

Further, to the extent this element is performed at least in part by Defendant’s software source code, Plaintiff shall 

supplement these contentions pursuant to production of such source code by the Defendant.

[1.2] a wireless 

range 

structured to 

permit 

authorized 

access to

said at least one 

interactive 

computer 

network,

Company makes, uses, sells and/or offers to sell a wireless range structured to permit authorized access to said at least 

one interactive computer network.

This element is infringed literally, or in the alternative, under the doctrine of equivalents.

For example, the player's PC or laptop logs in to the router using its login credentials (“authorized access”) for 

establishing wireless connection to the wireless internet (“interactive computer network”). As wireless routers 

inherently possess a specified range, therefore, it is apparent to a person having ordinary skill in the art that a wireless 

range is structured to permit authorized access to at least one interactive computer network.

Case 2:24-cv-00043-JRG-RSP Document 1-4 Filed 01/24/24 Page 11 of 87 PageID #: 96
Exhibit D to the Complaint.

12

Source: https://support.activision.com/modern-warfare-iii/articles/connecting-to-modern-warfare-iii

Source: https://support.activision.com/modern-warfare-iii/articles/connecting-to-modern-warfare-iii

Source: https://www.callofduty.com/blog/2023/08/call-of-duty-modern-warfare-warzone-anti-toxicity-progressreport

Case 2:24-cv-00043-JRG-RSP Document 1-4 Filed 01/24/24 Page 12 of 87 PageID #: 97
Exhibit D to the Complaint.

13

Source: https://gamerant.com/call-of-duty-modern-warfare-3-ai-voice-chat-moderation/

Further, to the extent this element is performed at least in part by Defendant’s software source code, Plaintiff shall 

supplement these contentions pursuant to production of such source code by the Defendant.

[1.3] at least 

one media node 

disposable 

within said 

wireless

range, wherein 

said at least one 

media node is 

detectable

by said at least 

one media 

terminal,

Company makes, uses, sells and/or offers to sell at least one media node disposable within said wireless range, wherein 

said at least one media node is detectable by said at least one media terminal.

This element is infringed literally, or in the alternative, under the doctrine of equivalents.

For example, the player establishes a connection to the wireless internet by logging into local wireless router. 

Subsequently, during gameplay, the player's PC or laptop (“media terminal”) transmits voice chats to the Activision 

server (“media node”) through the established wireless connection. Given that wireless routers have a defined range 

and the player's PC or laptop connects to it before initiating an internet connection, it follows that the player's PC or 

laptop communicates with the Activision server. Therefore, upon information and belief, the server is disposed within 

said wireless range and it is detectable by the player’s PC or laptop. 

Case 2:24-cv-00043-JRG-RSP Document 1-4 Filed 01/24/24 Page 13 of 87 PageID #: 98
Exhibit D to the Complaint.

14

Source: https://support.activision.com/modern-warfare-iii/articles/connecting-to-modern-warfare-iii

Case 2:24-cv-00043-JRG-RSP Document 1-4 Filed 01/24/24 Page 14 of 87 PageID #: 99
Exhibit D to the Complaint.

15

Source: https://support.activision.com/modern-warfare-iii/articles/connecting-to-modern-warfare-iii

Source: https://www.callofduty.com/guides/getting-started/call-of-duty-modern-warfare-iii-play-guides-gettingstarted-guide

Source: https://www.youtube.com/watch?v=FQNQUfAFVuE at 0:17

Case 2:24-cv-00043-JRG-RSP Document 1-4 Filed 01/24/24 Page 15 of 87 PageID #: 100
Exhibit D to the Complaint.

16

Source: https://www.youtube.com/watch?v=FQNQUfAFVuE at 0:28

Case 2:24-cv-00043-JRG-RSP Document 1-4 Filed 01/24/24 Page 16 of 87 PageID #: 101
Exhibit D to the Complaint.

17

Source: https://www.youtube.com/watch?v=FQNQUfAFVuE at 0:30

Further, to the extent this element is performed at least in part by Defendant’s software source code, Plaintiff shall 

supplement these contentions pursuant to production of such source code by the Defendant.

[1.4] at least 

one digital 

media file 

initially 

disposed on at 

least one of said 

at least one 

media terminal 

or said at least 

Company makes, uses, sells and/or offers to sell at least one digital media file initially disposed on at least one of said 

at least one media terminal or said at least one media node, said at least one media terminal being structured to detect 

said at least one media node disposed within said wireless range.

This element is infringed literally, or in the alternative, under the doctrine of equivalents.

For example, the player's PC or laptop (“media terminal”) sends voice chats (“digital media file”) to the server (“media 

node”) through the wireless connection. Therefore, upon information and belief, the digital media file is initially 

disposed on the sender’s platform (“media terminal”). It would be apparent to a person of ordinary skill in the art that 

Case 2:24-cv-00043-JRG-RSP Document 1-4 Filed 01/24/24 Page 17 of 87 PageID #: 102
Exhibit D to the Complaint.

18

one media 

node, said at 

least one media 

terminal being 

structured to 

detect said at 

least one media 

node disposed 

within said 

wireless range,

the sender’s platform (“media terminal”) is structured to detect at least one media node located within the wireless 

range.

Source: https://support.activision.com/articles/call-of-duty-voice-chat-moderation

Source: https://gamerant.com/call-of-duty-modern-warfare-3-ai-voice-chat-moderation/

Case 2:24-cv-00043-JRG-RSP Document 1-4 Filed 01/24/24 Page 18 of 87 PageID #: 103
Exhibit D to the Complaint.

19

Source: https://support.activision.com/modern-warfare-iii/articles/pc-system-requirements-for-modern-warfare-iii

(annotated)

Case 2:24-cv-00043-JRG-RSP Document 1-4 Filed 01/24/24 Page 19 of 87 PageID #: 104
Exhibit D to the Complaint.

20

Source: https://support.activision.com/modern-warfare-iii/articles/connecting-to-modern-warfare-iii

Source: https://www.callofduty.com/guides/getting-started/call-of-duty-modern-warfare-iii-play-guides-gettingstarted-guide

Case 2:24-cv-00043-JRG-RSP Document 1-4 Filed 01/24/24 Page 20 of 87 PageID #: 105
Exhibit D to the Complaint.

21

Source: https://www.youtube.com/watch?v=FQNQUfAFVuE at 0:17 (annotated)

Case 2:24-cv-00043-JRG-RSP Document 1-4 Filed 01/24/24 Page 21 of 87 PageID #: 106
Exhibit D to the Complaint.

22

Source: https://www.youtube.com/watch?v=FQNQUfAFVuE at 0:30 (annotated)

Case 2:24-cv-00043-JRG-RSP Document 1-4 Filed 01/24/24 Page 22 of 87 PageID #: 107
Exhibit D to the Complaint.

23

Source: https://www.youtube.com/watch?v=FQNQUfAFVuE at 1:26 (annotated)

Further, to the extent this element is performed at least in part by Defendant’s software source code, Plaintiff shall 

supplement these contentions pursuant to production of such source code by the Defendant.

[1.5] a 

communication 

link structured 

to dispose said 

at least one

media terminal 

and said at least 

one media node 

in a 

communicative 

relation with 

Company makes, uses, sells and/or offers to sell a communication link structured to dispose said at least one media 

terminal and said at least one media node in a communicative relation with one another via said at least one interactive 

computer network.

This element is infringed literally, or in the alternative, under the doctrine of equivalents.

For example, once connected to the wireless internet, the player initiates the login process to their Activision account 

using their PC or laptop (“media terminal”). This involves entering login credentials such as email and password 

through the wireless connection (“one interactive computer network”). Consequently, this procedure establishes a 

communication channel (“a communication link structured to dispose”) between the player's PC or laptop and the 

Activision server (“media node”).

digital 

media file

media 

terminal

Case 2:24-cv-00043-JRG-RSP Document 1-4 Filed 01/24/24 Page 23 of 87 PageID #: 108
Exhibit D to the Complaint.

24

one another via 

said at least

one interactive 

computer 

network,

Source: 

https://profile.callofduty.com/cod/login?redirectUrl=https%3A%2F%2Fwww.callofduty.com%2F&promo=jpt

(annotated)

sender login to 

sender’s 

platform

Case 2:24-cv-00043-JRG-RSP Document 1-4 Filed 01/24/24 Page 24 of 87 PageID #: 109
Exhibit D to the Complaint.

25

Source: https://support.activision.com/modern-warfare-iii/articles/pc-system-requirements-for-modern-warfare-iii

(annotated)

media 

terminal

Case 2:24-cv-00043-JRG-RSP Document 1-4 Filed 01/24/24 Page 25 of 87 PageID #: 110
Exhibit D to the Complaint.

26

Source: https://support.activision.com/modern-warfare-iii/articles/connecting-to-modern-warfare-iii

Source: https://gamerant.com/call-of-duty-modern-warfare-3-ai-voice-chat-moderation/

Further, to the extent this element is performed at least in part by Defendant’s software source code, Plaintiff shall 

supplement these contentions pursuant to production of such source code by the Defendant.

Case 2:24-cv-00043-JRG-RSP Document 1-4 Filed 01/24/24 Page 26 of 87 PageID #: 111
Exhibit D to the Complaint.

27

[1.6] said 

communication 

link being 

initiated by said 

at least one

media terminal,

Company makes, uses, sells and/or offers to sell said communication link being initiated by said at least one media 

terminal.

This element is infringed literally, or in the alternative, under the doctrine of equivalents.

For example, the player’s PC or laptop initiates login process by inputting the login credentials such as email and 

password. This process established the communication channel between the player’s PC or laptop and the server.

Source: 

https://profile.callofduty.com/cod/login?redirectUrl=https%3A%2F%2Fwww.callofduty.com%2F&promo=jpt

(annotated)

sender login to 

sender’s 

platform

Case 2:24-cv-00043-JRG-RSP Document 1-4 Filed 01/24/24 Page 27 of 87 PageID #: 112
Exhibit D to the Complaint.

28

Source: https://support.activision.com/modern-warfare-iii/articles/pc-system-requirements-for-modern-warfare-iii

(annotated)

media 

terminal

Case 2:24-cv-00043-JRG-RSP Document 1-4 Filed 01/24/24 Page 28 of 87 PageID #: 113
Exhibit D to the Complaint.

29

Source: https://support.activision.com/modern-warfare-iii/articles/connecting-to-modern-warfare-iii

Further, to the extent this element is performed at least in part by Defendant’s software source code, Plaintiff shall 

supplement these contentions pursuant to production of such source code by the Defendant.

[1.7] said at 

least one media 

node and said at 

least one media

terminal being 

structured to 

transmit said at 

least one

digital media 

file 

Company makes, uses, sells and/or offers to said at least one media node and said at least one media terminal being 

structured to transmit said at least one digital media file therebetween via said communication link.

This element is infringed literally, or in the alternative, under the doctrine of equivalents.

For example, in Voice Chat Moderation feature, the player’s PC or laptop ("media terminal") utilizes the established 

communication channel to send (“transmit”) voice chats (“digital media file”) to the server (“media node”).

Case 2:24-cv-00043-JRG-RSP Document 1-4 Filed 01/24/24 Page 29 of 87 PageID #: 114
Exhibit D to the Complaint.

30

therebetween 

via said 

communication

link, and

Source: https://support.activision.com/modern-warfare-iii/articles/pc-system-requirements-for-modern-warfare-iii

(annotated)

media 

terminal

Case 2:24-cv-00043-JRG-RSP Document 1-4 Filed 01/24/24 Page 30 of 87 PageID #: 115
Exhibit D to the Complaint.

31

Source: https://support.activision.com/modern-warfare-iii/articles/connecting-to-modern-warfare-iii

Source: https://www.callofduty.com/guides/getting-started/call-of-duty-modern-warfare-iii-play-guides-gettingstarted-guide

Case 2:24-cv-00043-JRG-RSP Document 1-4 Filed 01/24/24 Page 31 of 87 PageID #: 116
Exhibit D to the Complaint.

32

Source: https://www.youtube.com/watch?v=FQNQUfAFVuE at 0:17 (annotated)

media terminal

Case 2:24-cv-00043-JRG-RSP Document 1-4 Filed 01/24/24 Page 32 of 87 PageID #: 117
Exhibit D to the Complaint.

33

Source: https://www.youtube.com/watch?v=FQNQUfAFVuE at 0:30 (annotated)

digital 

media file

Case 2:24-cv-00043-JRG-RSP Document 1-4 Filed 01/24/24 Page 33 of 87 PageID #: 118
Exhibit D to the Complaint.

34

Source: https://www.youtube.com/watch?v=FQNQUfAFVuE at 1:26 (annotated)

Source: https://support.activision.com/articles/call-of-duty-voice-chat-moderation

digital 

media file

media 

terminal

Case 2:24-cv-00043-JRG-RSP Document 1-4 Filed 01/24/24 Page 34 of 87 PageID #: 119
Exhibit D to the Complaint.

35

Source: https://support.activision.com/articles/call-of-duty-voice-chat-moderation

Source: https://gamerant.com/call-of-duty-modern-warfare-3-ai-voice-chat-moderation/

Further, to the extent this element is performed at least in part by Defendant’s software source code, Plaintiff shall 

supplement these contentions pursuant to production of such source code by the Defendant.

[1.8] said 

communication 

link is 

structured to 

bypass at least 

one

media terminal 

security 

measure.

Company makes, uses, sells and/or offers to sell said communication link is structured to bypass at least one media 

terminal security measure.

This element is infringed literally, or in the alternative, under the doctrine of equivalents.

For example, the player’s PC or laptop and the server do not require users to input the email and the password ("security 

measure") every time they communicate. Instead, the email and password input are necessary during the initial 

connection process, and thereafter, the devices automatically exchange data without requiring users to re-enter the 

Case 2:24-cv-00043-JRG-RSP Document 1-4 Filed 01/24/24 Page 35 of 87 PageID #: 120
Exhibit D to the Complaint.

36

email and password ("bypassing the security measure"). Therefore, upon information and belief, the communication 

link is structured to bypass at least one media terminal security measure.

Source: 

https://profile.callofduty.com/cod/login?redirectUrl=https%3A%2F%2Fwww.callofduty.com%2F&promo=jpt

(annotated)

media terminal 

security 

measure

Case 2:24-cv-00043-JRG-RSP Document 1-4 Filed 01/24/24 Page 36 of 87 PageID #: 121
Exhibit D to the Complaint.

37

Source: https://support.activision.com/modern-warfare-iii/articles/connecting-to-modern-warfare-iii

Source: https://www.callofduty.com/guides/getting-started/call-of-duty-modern-warfare-iii-play-guides-gettingstarted-guide

Case 2:24-cv-00043-JRG-RSP Document 1-4 Filed 01/24/24 Page 37 of 87 PageID #: 122
Exhibit D to the Complaint.

38

Source: https://www.youtube.com/watch?v=FQNQUfAFVuE at 1:26 (annotated)

Further, to the extent this element is performed at least in part by Defendant’s software source code, Plaintiff shall 

supplement these contentions pursuant to production of such source code by the Defendant.

[6] The digital 

media 

communication 

protocol recited 

in claim 1 

wherein

said digital 

media file is 

initially 

disposed on 

said at least one 

media terminal.

Company makes, uses, sells and/or offers to sell said digital media file is initially disposed on said at least one media 

terminal.

This element is infringed literally, or in the alternative, under the doctrine of equivalents.

For example, the player’s PC or laptop (“media terminal”) sends voice chats (“digital media file”) to the server and the 

server stores the voice chats. Therefore, upon information and belief, the digital media file is initially disposed on the 

player’s PC or laptop.

media 

terminal

Case 2:24-cv-00043-JRG-RSP Document 1-4 Filed 01/24/24 Page 38 of 87 PageID #: 123
Exhibit D to the Complaint.

39

Source: https://support.activision.com/articles/call-of-duty-voice-chat-moderation

Source: https://gamerant.com/call-of-duty-modern-warfare-3-ai-voice-chat-moderation/

Source: https://www.callofduty.com/guides/getting-started/call-of-duty-modern-warfare-iii-play-guides-gettingstarted-guide

Case 2:24-cv-00043-JRG-RSP Document 1-4 Filed 01/24/24 Page 39 of 87 PageID #: 124
Exhibit D to the Complaint.

40

Source: https://www.youtube.com/watch?v=FQNQUfAFVuE at 0:17 (annotated)

media terminal

Case 2:24-cv-00043-JRG-RSP Document 1-4 Filed 01/24/24 Page 40 of 87 PageID #: 125
Exhibit D to the Complaint.

41

Source: https://www.youtube.com/watch?v=FQNQUfAFVuE at 0:30 (annotated)

media file

Case 2:24-cv-00043-JRG-RSP Document 1-4 Filed 01/24/24 Page 41 of 87 PageID #: 126
Exhibit D to the Complaint.

42

Source: https://www.youtube.com/watch?v=FQNQUfAFVuE at 1:26 (annotated)

media file

media 

terminal

Case 2:24-cv-00043-JRG-RSP Document 1-4 Filed 01/24/24 Page 42 of 87 PageID #: 127
Exhibit D to the Complaint.

43

Source: https://www.youtube.com/watch?v=FQNQUfAFVuE at 1:26 (annotated)

Further, to the extent this element is performed at least in part by Defendant’s software source code, Plaintiff shall 

supplement these contentions pursuant to production of such source code by the Defendant.

[7] The digital 

media 

communication 

protocol recited 

in claim 6 

wherein

said at least one 

media terminal 

is structured to 

transmit said at 

least one digital 

media file to 

Company makes, uses, sells and/or offers to sell said at least one media terminal is structured to transmit said at least 

one digital media file to said at least one media node via said communication link.

This element is infringed literally, or in the alternative, under the doctrine of equivalents.

For example, the player’s PC or laptop ("media terminal") utilizes the established communication channel to send 

(“transmit”) voice chats (“digital media file”) to the server (“media node”).

media 

terminal

display digital 

media file

Case 2:24-cv-00043-JRG-RSP Document 1-4 Filed 01/24/24 Page 43 of 87 PageID #: 128
Exhibit D to the Complaint.

44

said at least one 

media node via 

said 

communication 

link.

Source: https://support.activision.com/modern-warfare-iii/articles/pc-system-requirements-for-modern-warfare-iii

(annotated)

Source: https://www.callofduty.com/guides/getting-started/call-of-duty-modern-warfare-iii-play-guides-gettingstarted-guide

media 

terminal

Case 2:24-cv-00043-JRG-RSP Document 1-4 Filed 01/24/24 Page 44 of 87 PageID #: 129
Exhibit D to the Complaint.

45

Source: https://www.youtube.com/watch?v=FQNQUfAFVuE at 0:17 (annotated)

media terminal

Case 2:24-cv-00043-JRG-RSP Document 1-4 Filed 01/24/24 Page 45 of 87 PageID #: 130
Exhibit D to the Complaint.

46

Source: https://www.youtube.com/watch?v=FQNQUfAFVuE at 0:30 (annotated)

digital 

media file

Case 2:24-cv-00043-JRG-RSP Document 1-4 Filed 01/24/24 Page 46 of 87 PageID #: 131
Exhibit D to the Complaint.

47

Source: https://www.youtube.com/watch?v=FQNQUfAFVuE at 1:26 (annotated)

Source: https://support.activision.com/articles/call-of-duty-voice-chat-moderation

digital 

media file

media 

terminal

Case 2:24-cv-00043-JRG-RSP Document 1-4 Filed 01/24/24 Page 47 of 87 PageID #: 132
Exhibit D to the Complaint.

48

Source: https://support.activision.com/articles/call-of-duty-voice-chat-moderation

Source: https://gamerant.com/call-of-duty-modern-warfare-3-ai-voice-chat-moderation/

Further, to the extent this element is performed at least in part by Defendant’s software source code, Plaintiff shall 

supplement these contentions pursuant to production of such source code by the Defendant.

[9] The digital 

media 

communication 

protocol recited 

in claim 6 

wherein

said at least one 

media node is 

structured to 

Activision Publishing, Inc. (“Company”) makes, uses, sells and/or offers to sell said at least one media node is 

structured to store said at least one digital media file.

This element is infringed literally, or in the alternative, under the doctrine of equivalents.

For example, the server (“media node”) store voice chats (“digital media file”) received from the player’s PC or laptop

using a wireless connection.

Case 2:24-cv-00043-JRG-RSP Document 1-4 Filed 01/24/24 Page 48 of 87 PageID #: 133
Exhibit D to the Complaint.

49

store said at 

least one digital 

media file.

Source: https://support.activision.com/articles/call-of-duty-voice-chat-moderation

Source: https://gamerant.com/call-of-duty-modern-warfare-3-ai-voice-chat-moderation/

Further, to the extent this element is performed at least in part by Defendant’s software source code, Plaintiff shall 

supplement these contentions pursuant to production of such source code by the Defendant.

[17.P] A digital 

media 

communication 

protocol, 

comprising

Activision Publishing, Inc. (“Company”) makes, uses, sells and/or offers to sell a digital media communication 

protocol.

This element is infringed literally, or in the alternative, under the doctrine of equivalents.

For example, the Company provides Call of Duty: Modern Warfare III, an internet-based game featuring Voice Chat. 

Voice Chat enables players to communicate with their friends through a wireless connection. Furthermore, Voice Chat 

includes a Voice Chat Moderation feature, wherein voice chats are sent to the Activision server via a wireless internet 

connection (“digital media communication protocol”).

Case 2:24-cv-00043-JRG-RSP Document 1-4 Filed 01/24/24 Page 49 of 87 PageID #: 134
Exhibit D to the Complaint.

50

Source: https://www.callofduty.com/

Source: https://support.activision.com/modern-warfare-iii/articles/pc-system-requirements-for-modern-warfare-iii

Case 2:24-cv-00043-JRG-RSP Document 1-4 Filed 01/24/24 Page 50 of 87 PageID #: 135
Exhibit D to the Complaint.

51

Source: https://www.youtube.com/watch?v=FQNQUfAFVuE at 0:17

Case 2:24-cv-00043-JRG-RSP Document 1-4 Filed 01/24/24 Page 51 of 87 PageID #: 136
Exhibit D to the Complaint.

52

Source: https://www.youtube.com/watch?v=FQNQUfAFVuE at 0:28

Case 2:24-cv-00043-JRG-RSP Document 1-4 Filed 01/24/24 Page 52 of 87 PageID #: 137
Exhibit D to the Complaint.

53

Source: https://www.youtube.com/watch?v=FQNQUfAFVuE at 0:30

Case 2:24-cv-00043-JRG-RSP Document 1-4 Filed 01/24/24 Page 53 of 87 PageID #: 138
Exhibit D to the Complaint.

54

Source: https://support.activision.com/modern-warfare-iii/articles/connecting-to-modern-warfare-iii

Case 2:24-cv-00043-JRG-RSP Document 1-4 Filed 01/24/24 Page 54 of 87 PageID #: 139
Exhibit D to the Complaint.

55

Source: https://support.activision.com/modern-warfare-iii/articles/connecting-to-modern-warfare-iii

Source: https://support.activision.com/articles/call-of-duty-voice-chat-moderation

Source: https://support.activision.com/articles/call-of-duty-voice-chat-moderation

Case 2:24-cv-00043-JRG-RSP Document 1-4 Filed 01/24/24 Page 55 of 87 PageID #: 140
Exhibit D to the Complaint.

56

Source: https://gamerant.com/call-of-duty-modern-warfare-3-ai-voice-chat-moderation/

Further, to the extent this element is performed at least in part by Defendant’s software source code, Plaintiff shall 

supplement these contentions pursuant to production of such source code by the Defendant.

[17.1] at least 

one media 

terminal and at 

least one media 

node

disposed in an 

accessible 

relation with at 

least one inter

active 

computer 

network,

Company makes, uses, sells and/or offers to sell at least one media terminal and at least one media node disposed in 

an accessible relation with at least one inter active computer network.

This element is infringed literally, or in the alternative, under the doctrine of equivalents.

For example, Call of Duty: Modern Warfare is accessible on both PCs and laptops, with the game installed on the 

player's personal computer or laptop (“media terminal”). Players engage in communication with one another through 

the Voice Chat feature. When a player utilizes Voice Chat, their voice chats are transmitted from their PC or laptop to 

the Activision server (“media node”) via a wireless internet connection (“interactive computer network”). Given that 

players need to connect to a wireless internet connection for both playing the game and engaging in voice chat 

communication, it is apparent that the player's PC or laptop and the Activision server are disposed in an accessible 

relation with at least one inter active computer network.

Case 2:24-cv-00043-JRG-RSP Document 1-4 Filed 01/24/24 Page 56 of 87 PageID #: 141
Exhibit D to the Complaint.

57

Source: https://support.activision.com/modern-warfare-iii/articles/pc-system-requirements-for-modern-warfare-iii

(annotated)

media 

terminal

Case 2:24-cv-00043-JRG-RSP Document 1-4 Filed 01/24/24 Page 57 of 87 PageID #: 142
Exhibit D to the Complaint.

58

Source: https://support.activision.com/modern-warfare-iii/articles/connecting-to-modern-warfare-iii (annotated)

interactive 

computer 

network

Case 2:24-cv-00043-JRG-RSP Document 1-4 Filed 01/24/24 Page 58 of 87 PageID #: 143
Exhibit D to the Complaint.

59

Source: https://support.activision.com/modern-warfare-iii/articles/connecting-to-modern-warfare-iii

Further, to the extent this element is performed at least in part by Defendant’s software source code, Plaintiff shall 

supplement these contentions pursuant to production of such source code by the Defendant.

[17.2] at least 

one digital 

media file 

initially 

disposed on at 

least

one of said 

media terminal 

or said media 

node, said at

least one media 

terminal 

structured to 

detect said at 

least

one media 

node,

Company makes, uses, sells and/or offers to sell at least one digital media file initially disposed on at least one of said 

media terminal or said media node, said at least one media terminal structured to detect said at least one media node.

This element is infringed literally, or in the alternative, under the doctrine of equivalents.

For example, the player's PC or laptop (“media terminal”) sends voice chats (“digital media file”) to the server (“media 

node”) through the wireless connection. Therefore, upon information and belief, the digital media file is initially 

disposed on the sender’s platform (“media terminal”). It would be apparent to a person of ordinary skill in the art that 

the sender’s platform (“media terminal”) is structured to detect at least one media node.

Source: https://support.activision.com/articles/call-of-duty-voice-chat-moderation

Case 2:24-cv-00043-JRG-RSP Document 1-4 Filed 01/24/24 Page 59 of 87 PageID #: 144
Exhibit D to the Complaint.

60

Source: https://gamerant.com/call-of-duty-modern-warfare-3-ai-voice-chat-moderation/

Source: https://support.activision.com/modern-warfare-iii/articles/pc-system-requirements-for-modern-warfare-iii

(annotated)

media 

terminal

Case 2:24-cv-00043-JRG-RSP Document 1-4 Filed 01/24/24 Page 60 of 87 PageID #: 145
Exhibit D to the Complaint.

61

Source: https://support.activision.com/modern-warfare-iii/articles/connecting-to-modern-warfare-iii

Source: https://www.callofduty.com/guides/getting-started/call-of-duty-modern-warfare-iii-play-guides-gettingstarted-guide

Case 2:24-cv-00043-JRG-RSP Document 1-4 Filed 01/24/24 Page 61 of 87 PageID #: 146
Exhibit D to the Complaint.

62

Source: https://www.youtube.com/watch?v=FQNQUfAFVuE at 0:17 (annotated)

Case 2:24-cv-00043-JRG-RSP Document 1-4 Filed 01/24/24 Page 62 of 87 PageID #: 147
Exhibit D to the Complaint.

63

Source: https://www.youtube.com/watch?v=FQNQUfAFVuE at 0:30 (annotated)

Case 2:24-cv-00043-JRG-RSP Document 1-4 Filed 01/24/24 Page 63 of 87 PageID #: 148
Exhibit D to the Complaint.

64

Source: https://www.youtube.com/watch?v=FQNQUfAFVuE at 1:26 (annotated)

Further, to the extent this element is performed at least in part by Defendant’s software source code, Plaintiff shall 

supplement these contentions pursuant to production of such source code by the Defendant.

[17.3] a 

communication 

link structured 

to dispose said 

at least one

media terminal 

and said at least 

one media node 

in a

communicative 

relation with 

Company makes, uses, sells and/or offers to sell a communication link structured to dispose said at least one media 

terminal and said at least one media node in a communicative relation with one another via said inter active computer 

network.

This element is infringed literally, or in the alternative, under the doctrine of equivalents.

For example, once connected to the wireless internet, the player initiates the login process to their Activision account 

using their PC or laptop (“media terminal”). This involves entering login credentials such as email and password 

through the wireless connection (“one interactive computer network”). Consequently, this procedure establishes a 

communication channel (“a communication link structured to dispose”) between the player's PC or laptop and the 

Activision server (“media node”).

digital 

media file

media 

terminal

Case 2:24-cv-00043-JRG-RSP Document 1-4 Filed 01/24/24 Page 64 of 87 PageID #: 149
Exhibit D to the Complaint.

65

one another via 

said inter

active 

computer 

network,

Source: 

https://profile.callofduty.com/cod/login?redirectUrl=https%3A%2F%2Fwww.callofduty.com%2F&promo=jpt

(annotated)

sender login to 

sender’s 

platform

Case 2:24-cv-00043-JRG-RSP Document 1-4 Filed 01/24/24 Page 65 of 87 PageID #: 150
Exhibit D to the Complaint.

66

Source: https://support.activision.com/modern-warfare-iii/articles/pc-system-requirements-for-modern-warfare-iii

(annotated)

media 

terminal

Case 2:24-cv-00043-JRG-RSP Document 1-4 Filed 01/24/24 Page 66 of 87 PageID #: 151
Exhibit D to the Complaint.

67

Source: https://support.activision.com/modern-warfare-iii/articles/connecting-to-modern-warfare-iii

Source: https://gamerant.com/call-of-duty-modern-warfare-3-ai-voice-chat-moderation/

Further, to the extent this element is performed at least in part by Defendant’s software source code, Plaintiff shall 

supplement these contentions pursuant to production of such source code by the Defendant.

Case 2:24-cv-00043-JRG-RSP Document 1-4 Filed 01/24/24 Page 67 of 87 PageID #: 152
Exhibit D to the Complaint.

68

[17.4] said 

communication 

link being 

initiated by said 

at least one

media terminal,

Company makes, uses, sells and/or offers to sell said communication link being initiated by said at least one media 

terminal.

This element is infringed literally, or in the alternative, under the doctrine of equivalents.

For example, the player’s PC or laptop initiates login process by inputting the login credentials such as email and 

password. This process established the communication channel between the player’s PC or laptop and the server.

Source: 

https://profile.callofduty.com/cod/login?redirectUrl=https%3A%2F%2Fwww.callofduty.com%2F&promo=jpt

(annotated)

sender login to 

sender’s 

platform

Case 2:24-cv-00043-JRG-RSP Document 1-4 Filed 01/24/24 Page 68 of 87 PageID #: 153
Exhibit D to the Complaint.

69

Source: https://support.activision.com/modern-warfare-iii/articles/pc-system-requirements-for-modern-warfare-iii

(annotated)

media 

terminal

Case 2:24-cv-00043-JRG-RSP Document 1-4 Filed 01/24/24 Page 69 of 87 PageID #: 154
Exhibit D to the Complaint.

70

Source: https://support.activision.com/modern-warfare-iii/articles/connecting-to-modern-warfare-iii

Further, to the extent this element is performed at least in part by Defendant’s software source code, Plaintiff shall 

supplement these contentions pursuant to production of such source code by the Defendant.

[17.5] said at 

least one media 

node and said at 

least one media

terminal 

structured to 

transmit said at 

least one digital 

media file 

therebetween 

Company makes, uses, sells and/or offers to sell said at least one media node and said at least one media terminal 

structured to transmit said at least one digital media file therebetween via said communication link.

This element is infringed literally, or in the alternative, under the doctrine of equivalents.

For example, in Voice Chat Moderation feature, the player’s PC or laptop ("media terminal") utilizes the established 

communication channel to send (“transmit”) voice chats (“digital media file”) to the server (“media node”).

Case 2:24-cv-00043-JRG-RSP Document 1-4 Filed 01/24/24 Page 70 of 87 PageID #: 155
Exhibit D to the Complaint.

71

via said 

communication 

link,

wherein

Source: https://support.activision.com/modern-warfare-iii/articles/pc-system-requirements-for-modern-warfare-iii

(annotated)

media 

terminal

Case 2:24-cv-00043-JRG-RSP Document 1-4 Filed 01/24/24 Page 71 of 87 PageID #: 156
Exhibit D to the Complaint.

72

Source: https://support.activision.com/modern-warfare-iii/articles/connecting-to-modern-warfare-iii

Source: https://www.callofduty.com/guides/getting-started/call-of-duty-modern-warfare-iii-play-guides-gettingstarted-guide

Case 2:24-cv-00043-JRG-RSP Document 1-4 Filed 01/24/24 Page 72 of 87 PageID #: 157
Exhibit D to the Complaint.

73

Source: https://www.youtube.com/watch?v=FQNQUfAFVuE at 0:17 (annotated)

Case 2:24-cv-00043-JRG-RSP Document 1-4 Filed 01/24/24 Page 73 of 87 PageID #: 158
Exhibit D to the Complaint.

74

Source: https://www.youtube.com/watch?v=FQNQUfAFVuE at 0:30 (annotated)

Case 2:24-cv-00043-JRG-RSP Document 1-4 Filed 01/24/24 Page 74 of 87 PageID #: 159
Exhibit D to the Complaint.

75

Source: https://www.youtube.com/watch?v=FQNQUfAFVuE at 1:26 (annotated)

Source: https://support.activision.com/articles/call-of-duty-voice-chat-moderation

digital 

media file

media 

terminal

Case 2:24-cv-00043-JRG-RSP Document 1-4 Filed 01/24/24 Page 75 of 87 PageID #: 160
Exhibit D to the Complaint.

76

Source: https://support.activision.com/articles/call-of-duty-voice-chat-moderation

Source: https://gamerant.com/call-of-duty-modern-warfare-3-ai-voice-chat-moderation/

Further, to the extent this element is performed at least in part by Defendant’s software source code, Plaintiff shall 

supplement these contentions pursuant to production of such source code by the Defendant.

[17.6] said 

communication 

link is 

structured to 

bypass at least 

one

media terminal 

security 

measure.

Company makes, uses, sells and/or offers to sell said communication link is structured to bypass at least one media 

terminal security measure. 

This element is infringed literally, or in the alternative, under the doctrine of equivalents.

For example, the player’s PC or laptop and the server do not require users to input the email and the password ("security 

measure") every time they communicate. Instead, the email and password input are necessary during the initial 

connection process, and thereafter, the devices automatically exchange data without requiring users to re-enter the 

Case 2:24-cv-00043-JRG-RSP Document 1-4 Filed 01/24/24 Page 76 of 87 PageID #: 161
Exhibit D to the Complaint.

77

email and password ("bypass at least one media terminal security measure"). Therefore, upon information and belief, 

the communication link is structured to bypass at least one media terminal security measure.

Source: 

https://profile.callofduty.com/cod/login?redirectUrl=https%3A%2F%2Fwww.callofduty.com%2F&promo=jpt

(annotated)

media terminal 

security 

measure

Case 2:24-cv-00043-JRG-RSP Document 1-4 Filed 01/24/24 Page 77 of 87 PageID #: 162
Exhibit D to the Complaint.

78

Source: https://support.activision.com/modern-warfare-iii/articles/connecting-to-modern-warfare-iii

Source: https://www.callofduty.com/guides/getting-started/call-of-duty-modern-warfare-iii-play-guides-gettingstarted-guide

Case 2:24-cv-00043-JRG-RSP Document 1-4 Filed 01/24/24 Page 78 of 87 PageID #: 163
Exhibit D to the Complaint.

79

Source: https://www.youtube.com/watch?v=FQNQUfAFVuE at 1:26 (annotated)

Further, to the extent this element is performed at least in part by Defendant’s software source code, Plaintiff shall 

supplement these contentions pursuant to production of such source code by the Defendant.

[18] The digital 

media 

communication 

protocol recited 

in claim 17 

further 

comprising a 

wireless range 

structured to 

permit 

authorized 

access to said at 

Company makes, uses, sells and/or offers to sell a wireless range structured to permit authorized access to said at least 

one interactive computer network. 

This element is infringed literally, or in the alternative, under the doctrine of equivalents.

For example, the player's personal computer or laptop logs in to the router using its login credentials (“authorized 

access”) for establishing wireless connection to the wireless internet (“interactive computer network”). As wireless 

routers inherently possess a specified range, therefore, it is apparent to a person having ordinary skill in the art that a 

wireless range is structured to permit authorized access to at least one interactive computer network.

media 

terminal

Case 2:24-cv-00043-JRG-RSP Document 1-4 Filed 01/24/24 Page 79 of 87 PageID #: 164
Exhibit D to the Complaint.

80

least one 

interactive 

computer 

network.

Source: https://support.activision.com/modern-warfare-iii/articles/connecting-to-modern-warfare-iii

Case 2:24-cv-00043-JRG-RSP Document 1-4 Filed 01/24/24 Page 80 of 87 PageID #: 165
Exhibit D to the Complaint.

81

Source: https://support.activision.com/modern-warfare-iii/articles/connecting-to-modern-warfare-iii

Source: https://www.callofduty.com/blog/2023/08/call-of-duty-modern-warfare-warzone-anti-toxicity-progressreport

Source: https://gamerant.com/call-of-duty-modern-warfare-3-ai-voice-chat-moderation/

Further, to the extent this element is performed at least in part by Defendant’s software source code, Plaintiff shall 

supplement these contentions pursuant to production of such source code by the Defendant.

[19] The digital 

media 

Company makes, uses, sells and/or offers to sell said at least one media node is disposable within said wireless range 

and detectable by said at least one media terminal. 

Case 2:24-cv-00043-JRG-RSP Document 1-4 Filed 01/24/24 Page 81 of 87 PageID #: 166
Exhibit D to the Complaint.

82

communication 

protocol recited 

in

claim 18 

wherein

said at least one 

media node is 

disposable 

within said

wireless range 

and detectable 

by said at least 

one media

terminal.

This element is infringed literally, or in the alternative, under the doctrine of equivalents.

For example, the player establishes a connection to the wireless internet by logging into any local wireless router. 

Subsequently, during gameplay, the player's PC or laptop (“media terminal”) transmits voice chats to the Activision 

server (“media node”) through the established wireless connection. Given that wireless routers have a defined range 

and the player's device connects to it before initiating an internet connection, it follows that the player's PC or laptop 

communicates with the Activision server. Therefore, upon information and belief, the server is disposed within said 

wireless range and it is detectable by the player’s PC or laptop.

Source: https://support.activision.com/modern-warfare-iii/articles/connecting-to-modern-warfare-iii

Case 2:24-cv-00043-JRG-RSP Document 1-4 Filed 01/24/24 Page 82 of 87 PageID #: 167
Exhibit D to the Complaint.

83

Source: https://support.activision.com/modern-warfare-iii/articles/connecting-to-modern-warfare-iii

Source: https://www.callofduty.com/guides/getting-started/call-of-duty-modern-warfare-iii-play-guides-gettingstarted-guide

Case 2:24-cv-00043-JRG-RSP Document 1-4 Filed 01/24/24 Page 83 of 87 PageID #: 168
Exhibit D to the Complaint.

84

Source: https://www.youtube.com/watch?v=FQNQUfAFVuE at 0:17

Case 2:24-cv-00043-JRG-RSP Document 1-4 Filed 01/24/24 Page 84 of 87 PageID #: 169
Exhibit D to the Complaint.

85

Source: https://www.youtube.com/watch?v=FQNQUfAFVuE at 0:28

Case 2:24-cv-00043-JRG-RSP Document 1-4 Filed 01/24/24 Page 85 of 87 PageID #: 170
Exhibit D to the Complaint.

86

Source: https://www.youtube.com/watch?v=FQNQUfAFVuE at 0:30

Further, to the extent this element is performed at least in part by Defendant’s software source code, Plaintiff shall 

supplement these contentions pursuant to production of such source code by the Defendant.

Case 2:24-cv-00043-JRG-RSP Document 1-4 Filed 01/24/24 Page 86 of 87 PageID #: 171
Exhibit D to the Complaint.

87

2. List of References

1. https://www.callofduty.com/, last accessed on December 22, 2023.

2. https://support.activision.com/modern-warfare-iii/articles/pc-system-requirements-for-modern-warfare-iii, last accessed on 

December 22, 2023.

3. https://support.activision.com/modern-warfare-iii/articles/connecting-to-modern-warfare-iii, last accessed on December 22, 2023.

4. https://www.callofduty.com/guides/getting-started/call-of-duty-modern-warfare-iii-play-guides-getting-started-guide, last accessed 

on December 22, 2023.

5. https://support.activision.com/articles/call-of-duty-voice-chat-moderation, last accessed on December 22, 2023.

6. https://profile.callofduty.com/cod/login?redirectUrl=https%3A%2F%2Fwww.callofduty.com%2F&promo=jpt, last accessed on 

December 22, 2023.

7. https://www.youtube.com/watch?v=FQNQUfAFVuE, last accessed on December 22, 2023.

Case 2:24-cv-00043-JRG-RSP Document 1-4 Filed 01/24/24 Page 87 of 87 PageID #: 172