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1975-10-28 Mc Kenzie Vol 1 , Volumeuiumc — — . ^ T? r >ages Lt O ^u i Exhibits _miul ; wi IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF ILLINOIS THE MAGNAVOX COMPANY SANDERS ASSOCIATES, INC. CIVIL ACTION 74-C-1030w BALLY MANUFACTURING CORPORATION CONSOLIDATED WITH MIDWAY MFG. CO. CIVIL ACTION EMPIRE DISTRIBUTING, INC. 74-C-2510 - CHICAGO DYNAMICS INDUSTRIES, INC. IN THE UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF NEW YORK I MIDWAY MFG. CO. PlLEb CIVIL ACTION APR g 3 19/6 74-Civ. -1657-CBM THE MAGNAVOX COMPANY SANDERS ASSOCIATES UNii'bfi krkik» Ixetftidt ' court - - -- x IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF CALIFORNIA ATARI, INC. CIVIL ACTION 75-1442-WTS THE MAGNAVOX COMPANY SANDERS ASSOCIATES, INC. DORIS a WONG ASSOCIATES Certified Shorthand Reporters 31 MILK STREET, BOSTON, MASSACHUSETTS 02109 Telephone: 426-2432 ; 2 DEPOSITION Of MASSACHUSETTS INSTITUTE OF TECHNOLOGY by JOHN ALEXANDER McKENZIE and of JOHN ALEXANDER McKENZIE individually, taken pursuant to the Federal Rules of Civil Procedure, before Jonathan H. Young, Registered Professional Reporter and Notary Public in and for the Commonwealth of Massachusetts, at Room E19-758, Ford Building, Massachusetts Institute of Technology, 50 Ames Street, Cambridge, Massachusetts, on Tuesday, October 28, 1975, commencing at 10:10 a.m. PRESENT: Neuman, Williams, Anderson and Olson (by Theodore W. Anderson, Esq. and James T. Williams, Esq.), 77 West Washington Street, Chicago, Illinois 60602, for The Magnavox Company and Sanders Associates, Inc.; Thomas A. Briody, Esq. , Corporate Patent Counsel, Director, Patent and Licensing Department, The Magnavox Company, 1700 Magnavox Way, Fort Wayne, Indiana 46804, for The Magnavox Company; Fitch, Even, Tabin and Luedeka (by Donald L. Welsh, Esq. and A. Sidney Katz, Esq.), 135 South LaSalle Street, Chicago, Illinois 60603, for Bally Manufacturing Corporation, Midway Mfg. Co # , and Empire Distributing, Inc. ; Threedy and Threedy, Registered Patent Lawyers (by Edward C. Threedy, Esq.) , 111 West Washington Street, Room 1406, Chicago, Illinois 60602, for Chicago Dynamics Industries , Inc. Albritton and Herbert Flehr , Hohbach, Test, (by Thomas 0. Herbert, Esq.), 160 Sansome Street, 15th Floor, San Francisco, California 94104, for Atari, Inc.; ; , PRESENT: (Cont.) Louis Etlinger, Esq., Corporate Patent Counsel, and Richard I. Seligman, Esq., Assistant Patent Counsel, Sanders Associates, Inc., Daniel Webster Highway, South, Nashua, New Hampshire 03060, for Sanders Associates, Inc. Kenway and Jenney (by Robert J. Horn, Jr. , Esq.) 24 School Street, Boston, Massachusetts; and Arthur A. Smith, Jr., Esq., General Counsel, Office of Sponsored Projects, Room E19-722, 77 Massachusetts Avenue, Cambridge, Massachusetts 02139, for the Massachusetts Institute of Technology. , INDEX Examination of: Direct John Alexander McKenzie (Mr. Welsh) 37 EXHIBITS -u MIT No. Description For Iden. 0 y} 1 Subpoena served on Massa- chusetts Institute of Technology. 12 2 Subpoena served on John A. McKenzie. 13 Q* 3 July 3, 1963 issue of Tech ‘O 32 0 Talk. &s\ 4 Logbook used from September 15, 1961 to March 12, 1962. 63 5 Logbook used from March 12, 1962 to August 15, 1962. 64 6 Logbook used from August 15, 1962 to October 29, 1962. 65 7 Logbook used from January 1 1963 to June 28, 1963. 65 8 Page of handwritten notes on yellow paper made by Mr. McKenzie. 89 INDEX (Cont.) EXHIBITS (Cont.) MIT No. Description For I den 9-1 Punched paper tape designated "Space War 3.1 part 1.” 102 9-2 Punched paper tape designated "Space War 3.1 Part 2, 24 September 1962." 102 9-3 Punched paper tape "Space War 3.1 c^j-5~±ocuxts,$. designated Part 3." 103 9-1-A Listing of MIT Deposition Exhibit No. 9-1. 103 fra Wo published by * 10 PDP-1 handbook DEC. 107 (LA 11 Punched paper tape designated "SPCWR 3.1. 119 -Z3o*ttd 9-2-A Listing of MIT Deposition Exhibit No. 9-2 for identi- fication. 120 12 Punched paper tape designated "SA4 Quickie^ Space War 19 April *62. 122 13 Punched paper tape. 125 14 Punched paper tape „ designated "Space War 3.2. 161 “ 6 INDEX (Cont.) EXHIBITS (Cont. MIT No. Description For Iden. 15-1 Punched paper tape designated "Part 1.” 163 15-2 Punched paper tape designated "Part 2." 163 15-3 Punched paper tape designated "Part 3." 163 16 Punched paper tape ' **— —, <4 designated "Quickie Space War make changes before playing. 175 *1 - i , , 7 proceedings MR. WELSH: Let the record show that these depositions are being held pursuant to notice in different actions in three different courts. The first action is The Magnavox Company and Sanders Associates, Inc. versus Bally Manufacturing Corporation et al , the other defendants including Midway Mfg. Co. , Empire Distributing, Inc. and Chicago Dynamics Industries, Inc., in Civil Action No. 74-C-1030 in the U. S. District Court for the Northern District of Illinois in Chicago; that case having been consolidated with The Magnavox Company et al versus Seeburg, I believe it’s Corporation, et al Action No. 74-C-2510 in the same court. A notice of taking depositions was also served on behalf of Midway Mfg. Co, plaintiff in an action in the U. S. District Court for the Southern District of New York, against The Magnavox Company and Sanders Associates, Inc., defendants, Civil Action No. 74-Civ. -1657-CBM. Mr. Herbert, would you indicate the 8 other action. MR. HERBERT: A notice was also served in the action pending in the United States District Court for the Northern District of California, Civil Action 75-1442-WTS and captioned Atari, Inc. versus The Magnavox Company and Sanders Associates, Inc. MR. ANDERSON: We will state for the record that that case has been or is being transferred to the Northern District of Illinois pursuant to a decision of Judge Sweigert, as of last Friday. I don’t know if the actual order has been entered or not. Do you know, Mr. Herbert? MR. HERBERT: Not to my knowledge. MR. WELSH: Before we proceed with this deposition, I’d like to bring up two other matters, Mr. Anderson. One is to confirm that the other depositions in this matter noticed by Defendants in the Illinois Action No. 74-C-1030, for depositions in New Hampshire of Sanders Associates, Inc., scheduled for November 17, are being rescheduled at your request to commence on the 19th of November; with the agreement that 9 should it be necessary to continue them beyond jj the 21st, that we will resume on the following Monday, which I believe will be the 22nd, to run through that Wednesday if necessary. j MR. ANDERSON: That's not quite accurate, Mr. Welsh. As I told Mr. Schumacher yesterday when he and I talked — I believe he's in your office, and is of record in that case in Chicago — j MR. WELSH: Yes. MR. ANDERSON: It's our position that discovery is closed in the Chicago case and was closed as of October 15; and I indicated to him, as I'm sure you know, that our case will come up on November 4 on other matters , and I think at that time you can raise the question of your right to continue depositions after the closing of discovery. If the court does find that you can take those depositions, then I advise Mr. Schumacher that both Mr. Williams and I have another commitment in the U. S. District Court in Kalamazoo, Michigan for the 18th; that we are free on the 17th, and if you wish to go for one day, that's acceptable to us; but we suggest that f 10 probably it’s preferable to start on the 19th. I We have no further agreement beyond that. MR. WELSH; We* re agreeable to commence on the 19th. I However, we would like to request, as we had previously, that prior to those depositions we be permitted to inspect the remaining documents at Sanders which we have not seen yet. We had j requested of Mr. Williams the possibility of doing that at the end of this week, if there were time \ after the depositions scheduled for this week; and he advised us that it was not convenient. The 17th apparently being open, then we would like to request that that document inspection be I scheduled for that day in Nashua. MR. ANDERSON; Well, I think any day next week would be preferable to us. As you know, we both have to be in Kalamazoo on the 18th. I MR. WELSH; As I indicated to you in California, we have depositions scheduled at this time starting on Wednesday of next week; and we have a call on another matter on Monday, and of course the call in this matter on Tuesday. So 11 week would next not bo convenient for us, I believe Mr, Williams indicated that like he d to be present. When we were there previously, only he was there. MR, ANDERSON: That's correct. Of course, you've had the better part of a year to look at those documents. We’ll discuss it at a break and advise you sometime in the course of the day today. MR. WELSH: Fine; thank you. The witnesses, parties, indicated in the notice of each of the — MR. ANDERSON: Mr, Welsh, one other point as long as we're still on preliminaries. You've noticed a great many people for this proposed deposition, all for the same hour of the same day; and I presume you don't want 10 more people in the room at the same hour and the same date. Can you give us the order in which you want them, some idea of at what frequency you want them to appear? MR.
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