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IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF DELAWARE IGT, Plaintiff, v. WMS GAMING INC., Defendant.

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C.A. No. ________________ JURY TRIAL DEMANDED

COMPLAINT Plaintiff IGT brings this Complaint for patent infringement against Defendant WMS Gaming Inc. (WMS) and alleges as follows: NATURE OF THE ACTION 1. This is an action for patent infringement arising under the patent laws of the

United States, including 35 U.S.C. 271 and 281-285. 2. This lawsuit pertains to WMSs infringement of U.S. Patent Numbers 6,726,563;

7,223,172; 7,775,877; 7,785,196; 8,500,551; 7,131,908; 5,882,261; 6,358,146; and 6,709,332. PARTIES 3. Plaintiff IGT is a corporation organized and existing under the laws of the State of

Nevada, with a principal place of business located at 6355 South Buffalo Drive, Las Vegas, Nevada 89113. IGT is a world leader in gaming entertainment and a leading supplier of casino and lottery gaming devices commonly known as slot machines. 4. Defendant WMS Gaming Inc. is a corporation organized and existing under the

laws of the State of Delaware, with a principal place of business at 800 South Northpoint Boulevard, Waukegan, Illinois 60085. WMS sells, leases, and/or operates gaming machines in

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the casino and lottery markets, including in this judicial district and in the neighboring markets of Philadelphia, Pennsylvania and Atlantic City, New Jersey. JURISDICTION AND VENUE 5. This action arises under the Patent Laws of the United States, 35 U.S.C. 101 et

seq., including 35 U.S.C. 271. This Court has subject matter jurisdiction over this matter pursuant to 28 U.S.C. 1331, 1338(a). 6. This Court has personal jurisdiction over WMS. WMS is incorporated in

Delaware and maintains substantial, continuous and systematic contacts in Delaware. WMS has thus purposefully availed itself of the benefits and protections of Delawares laws such that it should reasonably anticipate being haled into court here. On information and belief WMS regularly transacts business within Delaware including the sale or lease or operation of gaming machines in Delaware. 7. 1400(b). FACTUAL BACKGROUND 8. Plaintiff IGT is the owner, by assignment, of all rights, title and interest in U.S. Venue is proper in the District of Delaware pursuant to 28 U.S.C. 1391,

Patent No. 6,726,563 (the 563 Patent). The 563 Patent issued on April 27, 2004. A true and correct copy of that patent is attached as Exhibit A. 9. Plaintiff IGT is the owner, by assignment, of all rights, title and interest in U.S.

Patent No. 7,223,172 (the 172 Patent). The 172 Patent issued on May 29, 2007. A true and correct copy of that patent is attached as Exhibit B.

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Plaintiff IGT is the owner, by assignment, of all rights, title and interest in U.S.

Patent No. 7,775,877 (the 877 Patent). The 877 Patent issued on August 17, 2010. A true and correct copy of that patent is attached as Exhibit C. 11. Plaintiff IGT is the owner, by assignment, of all rights, title and interest in U.S.

Patent No. 7,785,196 (the 196 Patent). The 196 Patent issued on August 31, 2010. A true and correct copy of that patent is attached as Exhibit D. 12. Plaintiff IGT is the owner, by assignment, of all rights, title and interest in U.S.

Patent No. 8,500,551 (the 551 Patent). The 551 Patent issued on August 6, 2013. A true and correct copy of that patent is attached as Exhibit E. 13. Plaintiff IGT is the owner, by assignment, of all rights, title and interest in U.S.

Patent No. 7,131,908 (the 908 Patent). The 908 Patent issued on November 7, 2006. A true and correct copy of that patent is attached as Exhibit F. 14. Plaintiff IGT is the owner, by assignment, of all rights, title and interest in U.S.

Patent No. 5,882,261 (the 261 Patent). The 261 Patent issued on March 16, 1999. A true and correct copy of that patent is attached as Exhibit G. 15. Plaintiff IGT is the owner, by assignment, of all rights, title and interest in U.S.

Patent No. 6,358,146 (the 146 Patent). The 146 Patent issued on March 19, 2002. A true and correct copy of that patent is attached as Exhibit H. 16. Plaintiff IGT is the owner, by assignment, of all rights, title and interest in U.S.

Patent No. 6,709,332 (the 332 Patent). The 332 Patent issued on March 23, 2004. A true and correct copy of that patent is attached as Exhibit I.

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COUNT I - INFRINGEMENT OF UNITED STATES PATENT NO. 6,726,563 17. 16 above. 18. Upon information and belief, WMSs manufacture, use, offers to sell, and sale of IGT restates and realleges each of the assertions set forth in Paragraphs 1 through

gaming machines, including at least its THE LORD OF THE RINGS (including The Two Towers) and POWER SPINS (Crescent Moon, Pirates of the Deep, and Golden Apple) products, infringes at least one claim of the 563 Patent. 19. WMS has been on notice of its infringement of the 563 Patent since at least

February of 2011 when WMS engaged in licensing discussions with IGT regarding the patent family to which the 563 Patent belongs. In February and March of 2011, IGT specifically discussed the 196 Patent (a member of the same family as the 563 Patent) with WMS. In March of 2012, IGT specifically discussed the 196 Patent and 877 Patent (members of the same family as the 563 Patent) with WMS. In these meetings WMS was advised by IGT as to the existence and relevance of the other patents in this family. 20. IGT is entitled to recover from WMS the damages sustained by IGT as a result of

WMSs wrongful acts in an amount subject to proof at trial, including lost profits and an amount not less than a reasonable royalty, together with interest and costs as fixed by this Court under 35 U.S.C. 284. 21. The infringement by WMS of the 563 Patent will continue to cause IGT

irreparable injury and damage for which there is no adequate remedy at law unless and until WMS is enjoined from infringing said patent.

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COUNT II - INFRINGEMENT OF UNITED STATES PATENT NO. 7,223,172 22. 16 above. 23. Upon information and belief, WMSs manufacture, use, offers to sell, and sale of IGT restates and realleges each of the assertions set forth in Paragraphs 1 through

gaming machines, including at least its THE LORD OF THE RINGS (including The Two Towers) and POWER SPINS (Crescent Moon, Pirates of the Deep, and Golden Apple) products, infringes at least one claim of the 172 Patent. 24. WMS has been on notice of its infringement of the 172 Patent since at least

February of 2011 when WMS engaged in licensing discussions with IGT regarding the patent family to which the 172 Patent belongs. In February and March of 2011, IGT specifically discussed the 196 Patent (a member of the same family as the 172 Patent) with WMS. In March of 2012, IGT specifically discussed the 196 Patent and 877 Patent (members of the same family as the 172 Patent) with WMS. In these meetings WMS was advised by IGT as to the existence and relevance of the other patents in this family. 25. IGT is entitled to recover from WMS the damages sustained by IGT as a result of

WMSs wrongful acts in an amount subject to proof at trial, including lost profits and an amount not less than a reasonable royalty, together with interest and costs as fixed by this Court under 35 U.S.C. 284. 26. The infringement by WMS of the 172 Patent will continue to cause IGT

irreparable injury and damage for which there is no adequate remedy at law unless and until WMS is enjoined from infringing said patent.

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COUNT III - INFRINGEMENT OF UNITED STATES PATENT NO. 7,775,877 27. 16 above. 28. Upon information and belief, WMSs manufacture, use, offers to sell, and sale of IGT restates and realleges each of the assertions set forth in Paragraphs 1 through

gaming machines, including at least its THE LORD OF THE RINGS (including The Two Towers and The Return of the King) and POWER SPINS (Crescent Moon, Pirates of the Deep, and Golden Apple) products, infringes at least one claim of the 877 Patent. 29. WMS has been on notice of its infringement of the 877 Patent since at least

February of 2011 when WMS engaged in licensing discussions with IGT regarding the patent family to which the 877 Patent belongs. In February and March of 2011, IGT specifically discussed the 196 Patent (a member of the same family as the 877 Patent) with WMS. In March of 2012, IGT specifically discussed the 877 Patent with WMS. In these meetings WMS was advised by IGT as to the existence and relevance of the other patents in this family. 30. IGT is entitled to recover from WMS the damages sustained by IGT as a result of

WMSs wrongful acts in an amount subject to proof at trial, including lost profits and an amount not less than a reasonable royalty, together with interest and costs as fixed by this Court under 35 U.S.C. 284. 31. The infringement by WMS of the 877 Patent will continue to cause IGT

irreparable injury and damage for which there is no adequate remedy at law unless and until WMS is enjoined from infringing said patent.

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COUNT IV - INFRINGEMENT OF UNITED STATES PATENT NO. 7,785,196 32. 16 above. 33. Upon information and belief, WMSs manufacture, use, offers to sell, and sale of IGT restates and realleges each of the assertions set forth in Paragraphs 1 through

gaming machines, including at least its THE LORD OF THE RINGS (including The Two Towers and The Return of the King) and POWER SPINS (Crescent Moon, Pirates of the Deep, and Golden Apple) products, infringes at least one claim of the 196 Patent. 34. WMS has been on notice of its infringement of the 196 Patent since at least

February of 2011 when WMS engaged in licensing discussions with IGT regarding the 196 Patent. In February and March of 2011, IGT specifically discussed the 196 Patent with WMS. In March of 2012, IGT specifically discussed the 196 Patent with WMS. 35. IGT is entitled to recover from WMS the damages sustained by IGT as a result of

WMSs wrongful acts in an amount subject to proof at trial, including lost profits and an amount not less than a reasonable royalty, together with interest and costs as fixed by this Court under 35 U.S.C. 284. 36. The infringement by WMS of the 196 Patent will continue to cause IGT

irreparable injury and damage for which there is no adequate remedy at law unless and until WMS is enjoined from infringing said patent. COUNT V - INFRINGEMENT OF UNITED STATES PATENT NO. 8,500,551 37. 16 above. IGT restates and realleges each of the assertions set forth in Paragraphs 1 through

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Upon information and belief, WMSs manufacture, use, offers to sell, and sale of

gaming machines, including at least its THE LORD OF THE RINGS (including The Two Towers) and POWER SPINS (Crescent Moon, Pirates of the Deep, and Golden Apple) products, infringes at least one claim of the 551 Patent. 39. WMS has been on notice of its infringement of the 551 Patent since it issued. In

connection with the above-described licensing negotiations, WMS became aware of the patents in the patent family to which the 551 Patent belongs and the relevance of these inventions to WMSs games. 40. IGT is entitled to recover from WMS the damages sustained by IGT as a result of

WMSs wrongful acts in an amount subject to proof at trial, including lost profits and an amount not less than a reasonable royalty, together with interest and costs as fixed by this Court under 35 U.S.C. 284. 41. The infringement by WMS of the 551 Patent will continue to cause IGT

irreparable injury and damage for which there is no adequate remedy at law unless and until WMS is enjoined from infringing said patent. COUNT VI - INFRINGEMENT OF UNITED STATES PATENT NO. 7,131,908 42. 16 above. 43. Upon information and belief, WMSs manufacture, use, offers to sell, and sale of IGT restates and realleges each of the assertions set forth in Paragraphs 1 through

gaming machines, including at least its THE LORD OF THE RINGS 3-Reel Slots (The Fellowship and Land of Mordor), THE WIZARD OF OZ (Emerald City and Haunted Forest), and WILLY WONKA & THE CHOCOLATE FACTORY products, infringes at least one claim of the 908 Patent.

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WMS has been on notice of its infringement of the 908 Patent since at least

March of 2012 when WMS engaged in licensing discussions with IGT regarding the patent family to which the 908 Patent belongs. In March of 2012, IGT specifically discussed United States Patent No. 6,565,436 (a member of the same family as the 908 Patent) with WMS. In this meeting WMS was advised by IGT as to the existence and relevance of the other patents in this family. 45. IGT is entitled to recover from WMS the damages sustained by IGT as a result of

WMSs wrongful acts in an amount subject to proof at trial, including lost profits and an amount not less than a reasonable royalty, together with interest and costs as fixed by this Court under 35 U.S.C. 284. 46. The infringement by WMS of the 908 Patent will continue to cause IGT

irreparable injury and damage for which there is no adequate remedy at law unless and until WMS is enjoined from infringing said patent. COUNT VII - INFRINGEMENT OF UNITED STATES PATENT NO. 5,882,261 47. 16 above. 48. Upon information and belief, WMSs manufacture, use, offers to sell, and sale of IGT restates and realleges each of the assertions set forth in Paragraphs 1 through

gaming machines, including at least its MEGA MULTIPLIER SUPER SHOT (including Robin Hood and the Golden Arrow, Nordic Spirit, Napoleon & Josephine, Great Eagle Returns, Desert Moon, and Bier Haus) products, infringes at least one claim of the 261 Patent. 49. WMS has been on notice of its infringement of the 261 Patent since at least

March of 2012 when WMS engaged in licensing discussions with IGT regarding the patent family to which the 261 Patent belongs. In March of 2012, IGT specifically discussed the 332

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Patent (a member of the same family as the 261 Patent) with WMS. In this meeting WMS was advised by IGT as to the existence and relevance of the other patents in this family. 50. IGT is entitled to recover from WMS the damages sustained by IGT as a result of

WMSs wrongful acts in an amount subject to proof at trial, including lost profits and an amount not less than a reasonable royalty, together with interest and costs as fixed by this Court under 35 U.S.C. 284. 51. The infringement by WMS of the 261 Patent will continue to cause IGT

irreparable injury and damage for which there is no adequate remedy at law unless and until WMS is enjoined from infringing said patent. COUNT VIII - INFRINGEMENT OF UNITED STATES PATENT NO. 6,358,146 52. 16 above. 53. Upon information and belief, WMSs manufacture, use, offers to sell, and sale of IGT restates and realleges each of the assertions set forth in Paragraphs 1 through

gaming machines, including at least its MEGA MULTIPLIER SUPER SHOT (including Robin Hood and the Golden Arrow, Nordic Spirit, Napoleon & Josephine, Great Eagle Returns, Desert Moon, and Bier Haus) products, infringes at least one claim of the 146 Patent. 54. WMS has been on notice of its infringement of the 146 Patent since at least

March of 2012 when WMS engaged in licensing discussions with IGT regarding the patent family to which the 146 Patent belongs. In March of 2012, IGT specifically discussed the 332 Patent (a member of the same family as the 146 Patent) with WMS. In this meeting WMS was advised by IGT as to the existence and relevance of the other patents in this family. 55. IGT is entitled to recover from WMS the damages sustained by IGT as a result of

WMSs wrongful acts in an amount subject to proof at trial, including lost profits and an amount

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not less than a reasonable royalty, together with interest and costs as fixed by this Court under 35 U.S.C. 284. 56. The infringement by WMS of the 146 Patent will continue to cause IGT

irreparable injury and damage for which there is no adequate remedy at law unless and until WMS is enjoined from infringing said patent. COUNT IX - INFRINGEMENT OF UNITED STATES PATENT NO. 6,709,332 57. 16 above. 58. Upon information and belief, WMSs manufacture, use, offers to sell, and sale of IGT restates and realleges each of the assertions set forth in Paragraphs 1 through

gaming machines, including at least its MEGA MULTIPLIER SUPER SHOT (including Robin Hood and the Golden Arrow, Nordic Spirit, Napoleon & Josephine, Great Eagle Returns, Desert Moon, and Bier Haus) products, infringes at least one claim of the 332 Patent. 59. WMS has been on notice of its infringement of the 332 Patent since at least

March of 2012 when WMS engaged in licensing discussions with IGT regarding the 332 Patent. In March of 2012, IGT specifically discussed the 332 Patent with WMS. 60. IGT is entitled to recover from WMS the damages sustained by IGT as a result of

WMSs wrongful acts in an amount subject to proof at trial, including lost profits and an amount not less than a reasonable royalty, together with interest and costs as fixed by this Court under 35 U.S.C. 284. 61. The infringement by WMS of the 332 Patent will continue to cause IGT

irreparable injury and damage for which there is no adequate remedy at law unless and until WMS is enjoined from infringing said patent.

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PRAYER FOR RELIEF WHEREFORE, IGT respectfully requests the following relief: a. The entry of judgment that WMS has infringed one or more claims of the 563,

172, 877, 196, 551, 908, 261, 146, and/or 332 Patents literally and/or under the doctrine of equivalents; b. The entry of a permanent injunction, pursuant to 35 U.S.C. 283, enjoining WMS

and its agents, servants, officers, directors, employees, affiliated entities, and all persons in active concert or participation with them from continued infringement of the 563, 172, 877, 196, 551, 908, 261, 146, and/or 332 Patents; c. An award to IGT of damages adequate to compensate IGT for WMSs acts of

infringement of the 563, 172, 877, 196, 551, 908, 261, 146, and/or 332 Patents; d. An award to IGT equal to any profits that WMS gained from its infringement of

the 563, 172, 877, 196, 551, 908, 261, 146, and/or 332 Patents; e. f. An award of prejudgment and post-judgment interest on all sums awarded; A post-verdict and post-judgment accounting for any infringement of the 563,

172, 877, 196, 551, 908, 261, 146, and/or 332 Patents not otherwise covered by a damages award and the requested injunctive relief; and g. circumstances. Any such other and further relief as the Court may deem just and proper under the

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DEMAND FOR JURY TRIAL Pursuant to Rule 38(b) of the Federal Rules of Civil Procedure, IGT respectfully requests a trial by jury of any and all issues on which a trial by jury is available under applicable law.

ASHBY & GEDDES /s/ Lauren E. Maguire ______________________________ Steven J. Balick (#2114) Lauren E. Maguire (#4261) Andrew C. Mayo (#5207) 500 Delaware Avenue, 8th Floor P.O. Box 1150 Wilmington, DE 19899 (302) 654-1888 sbalick@ashby-geddes.com lmaguire@ashby-geddes.com amayo@ashby-geddes.com Attorneys for Plaintiff IGT Of Counsel: Adam K. Mortara John C. Fitzpatrick BARTLIT BECK HERMAN PALENCHAR & SCOTT LLP 54 W. Hubbard Street, Suite 300 Chicago, IL 60654 (312) 494-4400 adam.mortara@bartlit-beck.com john.fitzpatrick@bartlit-beck.com Dated: January 24, 2014

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