to push keys which were to be located in the concavity.@ (Goddard=s Brief, p. 5, Exhibit J1,
Goddard Declaration, & 8; Champion Declaration, & 4, emphasis added). Exhibit J2 is described
as a photograph, which shows the presence of a concavity and grip on the left-hand side of
controller Model A1. (Goddard=s Brief, p. 5, Exhibit J1, Goddard Declaration, & 8; Champion
Declaration, & 4). The brief, however, alleges that AModel A1 had all the elements of the
invention.@ (Goddard=s Brief, p. 6).
2. Goddard Controller Model 1
Goddard is said to have constructed seven additional prototypes of the controller. In
particular, controller Model 1 is said to have been constructed on January 13, 1989 and is
depicted in a photograph marked as Goddard Exhibit J3. (Goddard=s Brief, p. 6, Goddard
Declaration, & 11; Champion Declaration, & 7). A notebook page marked as Goddard Exhibit
J13 shows a rough drawing and description of the Model 1 controller. (Goddard=s Brief, p. 6).
Exhibit J13, has the date January 13, 1989 written at the top of the page and was witnessed by
Mr. Champion on January 24, 1989. (Champion Declaration, & 7). Exhibit J13 depicts
controller Model 1 as having a thumb pad with a 15-button keypad placed thereon. Moreover,
while not depicted in exhibit J3, controller Model A1 is said to have possessed a Athumb pad
having a 15-button keypad in a concavity.@ (Goddard=s Brief, p. 6, Goddard Declaration, & 11;
Champion Declaration, & 7).
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