Exhibit(s) 3 - Apogee Software Ltd and Interceptor Entertainment ApS

jgscaText BoxEXHIBIT 3

GEARBOX SOFTWARE, LLCS SUPPLEMENTAL ANSWERS TO DEFENDANT APOGEE SOFTWARE, LTD.S FIRST SET OF INTERROGATORIES Page 1 of 32

IN THE UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF TEXAS

DALLAS DIVISION

GEARBOX SOFTWARE, LLC, Plaintiff, v. APOGEE SOFTWARE, LTD. d/b/a 3D REALMS ENTERTAINMENT and INTERCEPTOR ENTERTAINMENT APS, Defendants.

CIVIL ACTION NO. 3:14-CV-00710-L

GEARBOX SOFTWARE, LLCS SUPPLEMENTAL ANSWERS TO

DEFENDANT APOGEE SOFTWARE, LTD.S FIRST SET OF INTERROGATORIES

Pursuant to Federal Rule of Civil Procedure 33, Plaintiff Gearbox Software, LLC (Gearbox)

hereby serves its Supplemental Answers Defendant Apogee Software, Ltd.s D/B/A 3D Realms

Entertainment (3DR) First Set of Interrogatories as follows:

OBJECTION TO INSTRUCTIONS AND DEFINITIONS

Gearbox objects to the instructions and definitions set forth in Defendants Interrogatories on the

grounds that they purport to impose response and production obligations beyond that required by the

Federal Rules of Civil Procedure. Gearbox will answer the Interrogatories propounded in accordance with

the Rules.

SUPPLEMENTAL ANSWERS TO FIRST SET OF INTERROGATORIES

INTERROGATORY NO. 1: Identify and describe in detail all elements and aspects utilized, incorporated in, embodied in or otherwise relating to the series of Duke Nukem games created by or for Seller up to the Closing Date, including the Duke Nukem Trademarks and videogames currently titled Duke Nukem Forever and Duke Nukem Begins as described in Exhibit 2.1, paragraph 1 of the APA.

ANSWER: Gearbox objects to interrogatory on the grounds that it is overly broad, unduly burdensome and seeks information that is not reasonably calculated to lead to the discovery of admissible evidence. Subject to the foregoing objections and without waiving them, the APA, and the APA Supplement speak for themselves and demonstrate what assets transferred from 3DR to Gearbox as a result of that transaction.


The Duke Nukem assets that passed from 3DR to Gearbox include all assumed fictional manes, trade names, registered and unregistered trademarks, service marks, and applications, all registered and unregistered copyrights in both published and unpublished works and all know-how, trade secrets, confidential and proprietary information, technical information, and all rights in internet websites and domain names as described in Section 3.7 of the APA. Furthermore, the assets include all items identified in Exhibit 2.1 including all elements and aspects utilized, incorporated in, embodied in or otherwise related to the series of Duke Nukem games created by or for 3DR. The elements and aspects include all Duke Nukem game characters, game design documents, story lines, story themes, plots, game script/dialogue, character names and likenesses, and all trade marks and trade names related to the Duke Nukem Universe including all items described in Exhibits 2.7(a)(ii)(A), 2.7(a)(ii)(A)(1), 2.7(a)(ii)(C) and 2.7(a)(ii)(C)(1), the assets identified in Exhibit 3.6, and net names described in Exhibit 3.7. For further answer, all intellectual property in the Duke Nukem Universe was transferred and is too extensive to list here. Also, this information is equally available to Apogee as Apogee is the Seller that actually created the Duke Nukem materials that existed prior to the Closing Date and would also have knowledge about all aspects of the Duke Nukem Universe and rights that existed at the time of their transfer to Gearbox under the APA. In addition, by way of specific example only, Gearbox identifies the trademarked Nuclear symbol; the character Duke Nukem and all video games that existed at the time of the APA and any works in development at the time of the APA, including Duke Nukem Forever.

INTERROGATORY NO. 2: Identify and describe in detail each character, copyrightable element and trademark in the Duke Nukem Universe and Duke Nukem Game Property that were developed pre-closing as described in Exhibit 2.2 of the APA.

ANSWER: Gearbox objects to interrogatory on the grounds that it is overly broad, unduly burdensome and seeks information that is not reasonably calculated to lead to the discovery of admissible evidence. Subject to the foregoing objections and without waiving them, the APA, and the APA Supplement speak for themselves and demonstrate what assets transferred from 3DR to Gearbox as a result of that transaction. The Duke Nukem assets that passed from 3DR to Gearbox include all assumed fictional manes, trade names, registered and unregistered trademarks, service marks, and applications, all registered and unregistered copyrights in both published and unpublished works and all know-how, trade secrets, confidential and proprietary information, technical information, and all rights in internet websites and domain names as described in Section 3.7 of the APA. Furthermore, the assets include all items identified in Exhibit 2.1 including all elements and aspects utilized, incorporated in, embodied in or otherwise related to the series of Duke Nukem games created by or for 3DR. The elements and aspects include all Duke Nukem game characters, game design documents, story lines, story themes, plots, game script/dialogue, character names and likenesses, and all trade marks and trade names related to the Duke Nukem Universe including all items described in Exhibits 2.7(a)(ii)(A), 2.7(a)(ii)(A)(1), 2.7(a)(ii)(C) and 2.7(a)(ii)(C)(1), the assets identified in Exhibit 3.6, and net names described in Exhibit 3.7. For further answer, all intellectual property in the Duke Nukem Universe was transferred and is too extensive to list here. Also, this information is equally available to Apogee as Apogee is the Seller that actually created the Duke Nukem materials that existed prior to the Closing Date and would also have knowledge about all aspects of the Duke Nukem Universe and rights that existed at the time of their transfer to Gearbox under the APA. In addition, by way of specific example only, Gearbox identifies the trademarked Nuclear symbol; the character Duke Nukem and all video games that existed at the time of the APA and any works in development at the time of the APA, including Duke Nukem Forever.


INTERROGATORY NO. 3: Identify and describe in detail each character, copyrightable element and trademark in the games identified as Duke Nukem 1, Duke Nukem 2, Duke Nukem 3D, Duke Nukem 3D Live, Duke Nukem Critical Mass, and Duke Nukem Survivor, as identified in Exhibit 1 of the APA-Supplement.

ANSWER: Gearbox objects to interrogatory on the grounds that it is overly broad, unduly burdensome and seeks information that is not reasonably calculated to lead to the discovery of admissible evidence. Subject to the foregoing objections and without waiving them, the APA, and the APA Supplement speak for themselves and demonstrate what assets transferred from 3DR to Gearbox as a result of that transaction. The Duke Nukem assets that passed from 3DR to Gearbox include all assumed fictional manes, trade names, registered and unregistered trademarks, service marks, and applications, all registered and unregistered copyrights in both published and unpublished works and all know-how, trade secrets, confidential and proprietary information, technical information, and all rights in internet websites and domain names as described in Section 3.7 of the APA. Furthermore, the assets include all items identified in Exhibit 2.1 including all elements and aspects utilized, incorporated in, embodied in or otherwise related to the series of Duke Nukem games created by or for 3DR. The elements and aspects include all Duke Nukem game characters, game design documents, story lines, story themes, plots, game script/dialogue, character names and likenesses, and all trade marks and trade names related to the Duke Nukem Universe including all items described in Exhibits 2.7(a)(ii)(A), 2.7(a)(ii)(A)(1), 2.7(a)(ii)(C) and 2.7(a)(ii)(C)(1), the assets identified in Exhibit 3.6, and net names described in Exhibit 3.7. For further answer, all intellectual property in the Duke Nukem Universe was transferred and is too extensive to list here. Also, this information is equally available to Apogee as Apogee is the Seller that actually created the Duke Nukem materials that existed prior to the Closing Date and would also have knowledge about all aspects of the Duke Nukem Universe and rights that existed at the time of their transfer to Gearbox under the APA. In addition, by way of specific example only, Gearbox identifies the trademarked nuclear symbol; the character Duke Nukem and all video games that existed at the time of the APA and any works in development at the time of the APA, including Duke Nukem Forever.

Stating further, and by way of specific example only, Gearbox identifies the character Doctor Proton, the character General Graves, the name Duke Nukem, and the characters or group known as the Earth Defense Force (or EDF).

INTERROGATORY NO. 4: Identify all individuals that participated in the negotiations, drafting and execution of the APA and the APA-Supplement and provide a summary of the knowledge that each such individual possesses about such participation.

ANSWER: Broussard, George Scott Miller Apogee Software, Ltd c/o Schultz & Associates, P.C. 5400 LBJ Freeway, Suite 1200 Dallas, Texas 75240 (214) 210-5940


Heptig, J. Pat Heptig Law Group, Ltd. 15050 E. Beltwood Pkwy. Addison, Texas 75001 (214) 451-2514 Randy Pitchford Brian Martel Gearbox c/o Gearbox Counsel Paul Putnam 5909 London Court Dallas, Tx 75252 214-449-0566 INTERROGATORY NO. 5: Identify and describe in detail each element and aspect incorporated and/or embodied in or otherwise relating to the series of Duke Nukem games created up to the closing date, as identified in Exhibit 2.1, paragraph 1 of the APA.

ANSWER: Gearbox objects to interrogatory on the grounds that it is overly broad, unduly burdensome and seeks information that is not reasonably calculated to lead to the discovery of admissible evidence. Subject to the foregoing objections and without waiving them, the APA, and the APA Supplement speak for themselves and demonstrate what assets transferred from 3DR to Gearbox as a result of that transaction. The Duke Nukem assets that passed from 3DR to Gearbox include all assumed fictional manes, trade names, registered and unregistered trademarks, service marks, and applications, all registered and unregistered copyrights in both published and unpublished works and all know-how, trade secrets, confidential and proprietary information, technical information, and all rights in internet websites and domain names as described in Section 3.7 of the APA. Furthermore, the assets include all items identified in Exhibit 2.1 including all elements and aspects utilized, incorporated in, embodied in or otherwise related to the series of Duke Nukem games created by or for 3DR. The elements and aspects include all Duke Nukem game characters, game design documents, story lines, story themes, plots, game script/dialogue, character names and likenesses, and all trademarks and trade names related to the Duke Nukem Universe including all items described in Exhibits 2.7(a)(ii)(A), 2.7(a)(ii)(A)(1), 2.7(a)(ii)(C) and 2.7(a)(ii)(C)(1), the assets identified in Exhibit 3.6, and net names described in Exhibit 3.7. For further answer, all intellectual property in the Duke Nukem Universe was transferred and is too extensive to list here. Also, this information is equally available to Apogee as Apogee is the Seller that actually created the Duke Nukem materials that existed prior to the Closing Date and would also have knowledge about all aspects of the Duke Nukem Universe and rights that existed at the time of their transfer to Gearbox under the APA. In addition, by way of specific example only, Gearbox identifies the trademarked Nuclear symbol; the character Duke Nukem and all video games that existed at the time of the APA and any works in development at the time of the APA, including Duke Nukem Forever.



INTERROGATORY NO. 6: Identify and describe in detail all game characters, game design documents, story lines, story themes, plots, game scripts/dialog, character names and likenesses, and all trademarks and trade names directly related to the Duke Nukem Universe, as identified in Exhibit 2.1 paragraph 2 of the APA.

ANSWER: Gearbox objects to interrogatory on the grounds that it is overly broad, unduly burdensome and seeks information that is not reasonably calculated to lead to the discovery of admissible evidence. Subject to the foregoing objections and without waiving them, the APA, and the APA Supplement speak for themselves and demonstrate what assets transferred from 3DR to Gearbox as a result of that transaction. The Duke Nukem assets that passed from 3DR to Gearbox include all assumed fictional manes, trade names, registered and unregistered trademarks, service marks, and applications, all registered and unregistered copyrights in both published and unpublished works and all know-how, trade secrets, confidential and proprietary information, technical information, and all rights in internet websites and domain names as described in Section 3.7 of the APA. Furthermore, the assets include all items identified in Exhibit 2.1 including all elements and aspects utilized, incorporated in, embodied in or otherwise related to the series of Duke Nukem games created by or for 3DR. The elements and aspects include all Duke Nukem game characters, game design documents, story lines, story themes, plots, game script/dialogue, character names and likenesses, and all trade marks and trade names related to the Duke Nukem Universe including all items described in Exhibits 2.7(a)(ii)(A), 2.7(a)(ii)(A)(1), 2.7(a)(ii)(C) and 2.7(a)(ii)(C)(1), the assets identified in Exhibit 3.6, and net names described in Exhibit 3.7. For further answer, all intellectual property in the Duke Nukem Universe was transferred and is too extensive to list here. Also, this information is equally available to Apogee as Apogee is the Seller that actually created the Duke Nukem materials that existed prior to the Closing Date and would also have knowledge about all aspects of the Duke Nukem Universe and rights that existed at the time of their transfer to Gearbox under the APA. In addition, by way of specific example only, Gearbox identifies the trademarked Nuclear symbol; the character Duke Nukem and all video games that existed at the time of the APA and any works in development at the time of the APA, including Duke Nukem Forever.


INTERROGATORY NO. 7: Identify and describe in detail all trademarks, service marks, and trade names used in connection with or associated with the Duke Nukem Universe, as identified in Exhibit 2.1, paragraph 3 of the APA.


ANSWER: Gearbox objects to interrogatory on the grounds that it is overly broad, unduly burdensome and seeks information that is not reasonably calculated to lead to the discovery of admissible evidence. Subject to the foregoing objections and without waiving them, the APA, and the APA Supplement speak for themselves and demonstrate evidence of what assets transferred from 3DR to Gearbox as a result of that transaction. The Duke Nukem assets that passed from 3DR to Gearbox include all assumed fictional manes, trade names, registered and unregistered trademarks, service marks, and applications, all registered and unregistered copyrights in both published and unpublished works and all know-how, trade secrets, confidential and proprietary information, technical information, and all rights in internet websites and domain names as described in Section 3.7 of the APA. Furthermore, the assets include all items identified in Exhibit 2.1 including all elements and aspects utilized, incorporated in, embodied in or otherwise related to the series of Duke Nukem games created by or for 3DR. The elements and aspects include all Duke Nukem game characters, game design documents, story lines, story themes, plots, game script/dialogue, character names and likenesses, and all trade marks and trade names related to the Duke Nukem Universe including all items described in Exhibits 2.7(a)(ii)(A), 2.7(a)(ii)(A)(1), 2.7(a)(ii)(C) and 2.7(a)(ii)(C)(1), the assets identified in Exhibit 3.6, and net names described in Exhibit 3.7. For further answer, all intellectual property in the Duke Nukem Universe was transferred and is too extensive to list here. Also, this information is equally available to Apogee as Apogee is the Seller that actually created the Duke Nukem materials that existed prior to the Closing Date and would also have knowledge about all aspects of the Duke Nukem Universe and rights that existed at the time of their transfer to Gearbox under the APA. In addition, by way of specific example only, Gearbox identifies the trademarked Nuclear symbol; the character Duke Nukem and all video games that existed at the time of the APA and any works in development at the time of the APA, including Duke Nukem Forever.

Stating further, Gearbox also identifies the Duke Nukem mark.

INTERROGATORY NO. 8: Identify and describe your definition of the term non-AAA Platform versions of the excluded games listed Exhibit 1, as that term is utilized in paragraph 5 of the APASupplement.

ANSWER: Non-AAA platform versions of the excluded games listed in Exhibit 1 of the APA means game versions not designed or developed for use in conjunction with Microsoft X-Box, Sony Play Station, Nintendo, Wii, PC or Mac as well as certain HTML or other on-line versions.

INTERROGATORY NO. 9: Identify all facts that you believe support your contention that Defendants, or either of them, have infringed the Allegedly Infringed Marks. State the name, address and phone number of each person with knowledge of such facts, including the facts on which they have knowledge and identify each document which you allege support such facts.

ANSWER: Gearbox objects to this interrogatory on the grounds that it purports to require Gearbox to marshal all of its evidence in support of its case in this interrogatory answer and therefore the request is unduly burdensome and overbroad. Subject to these objections and without waiving them, the Declarations of Scott Miller and George Broussard attached to the Complaint as Exhibit D outline admissions that 3DRs actions breached the APA. Moreover, based on the information available to Gearbox at this time, it appears that Interceptor was responsible for the Duke Nukem: Mass Destruction teaser website Alloutofgum.com which made specific use of the Duke Nukem Universe intellectual property


that was transferred to Gearbox under the APA, including the trademarked nuclear symbol. Further, discovery in this matter has just begun and Gearbox has requested the depositions of 3DR and Interceptor to better understand the extent to which these defendants have violated the terms of the APA and the intellectual property rights Gearbox acquired under the APA. Gearbox will supplement this answer as Defendants provide deposition testimony or other discovery responses identifying additional breaches or infringement. Persons with knowledge of Defendants breaches include: Broussard, George Scott Miller Apogee Software, Ltd c/o Schultz & Associates, P.C. 5400 LBJ Freeway, Suite 1200 Dallas, Texas 75240 (214) 210-5940 Frederick Schreiber Nielsen, Mike Interceptor Entertainment ApS c/o Schultz & Associates, P.C. 5400 LBJ Freeway, Suite 1200 Dallas, Texas 75240 (214) 210-5940 Randy Pitchford Gearbox c/o Gearbox Counsel Heptig, J. Pat Heptig Law Group, Ltd. 15050 E. Beltwood Pkwy. Addison, Texas 75001 (214) 451-2514

Stating further, 3DRs principalsScott Miller and George Broussardexecuted a sworn declaration stating that Gearbox is the exclusive owner of the Duke Nukem IP and that the development effort behind Duke Nukem: Mass Destruction was both unauthorized and a material infringement of Gearboxs intellectual-property rights. Additionally, Defendant Interceptors principalFrederik Schreiberhas already testified in this case that he was aware, as far back as 2010, that Gearbox owned the Duke Nukem IP. See e.g., 2014-09-10 Deposition of Frederik Schreiber at 24:18-22, 118:5-14, 131:19-25; see also Apogee 10969 (e-mail exchange between Schreiber and Putnam concerning Duke Nukem project wherein Schreiber notes that Gearbox purchased the Duke Nukem IP). Moreover, 3DRs principal, Scott Millerwhen approached by Schreiber in September 2010, seeking permission to work on a Duke Nukem projecttold Schreiber that Gearbox owns the rights to the Duke Nukem IP and, moreover that he (Miller)


was not legally able to give Schreiber permission to work on a Duke-Nukem related project. Int-0088. Moreover, Mike Nielsen, Principal of both 3DR and Interceptor, directly confirmed that Defendants had flagrantly violated the APA and were infringing on Gearboxs rights to the Duke IP when he testified that the development of Duke Nukem: Mass Destruction was done by Interceptor entirely from scratch. August 8, 2014 Deposition of Mike Nielsen at 102:13-23, 125:7-20, 126:20-25. Moreover, in October, 2013 Scott Miller and Frederik Schreiber discussed Interceptor and 3DRs interest in and need to buy back the Duke Nukem IP from Gearbox, thereby confirming their awareness that Gearbox owns all rights to the Duke Nukem IP and confirming their understanding that the APA transferred such rights. Int-0235.

Moreover, Frederik Schreiberprincipal of Defendant Interceptore-mailed Gearboxs former counsel PJ Putnam in October 2010 and stated that he (Schreiber) was aware that Gearbox had purchased the Duke Nukem IP. See Apogee 10969. Moreover, Schreiber has clearly testified in this case that Gearbox owns Duke Nukem. Schreiber Depo. at 24:18-22, 118:5-14, 131:19-25. Additionally, in October, 2013 Scott Miller and Frederik Schreiber discussed Interceptor and 3DRs interest in and need to buy back the Duke Nukem IP from Gearbox, thereby confirming their awareness that Gearbox owns all rights to the Duke Nukem IP and confirming their understanding that the APA transferred such rights. Int-0235. Additionally, after finding out that the teaser alloutofgum.com website had been identified on Gearbox forums, Interceptors principals Schreiber and Ibrahimi stated that they should lay low, apparently recognizing the fact that Gearbox would become aware of their infringement. Int-0235. Additionally, Interceptors principals, Schreiber and Ibrahimiduring an August 2013 e-mail exchangediscussed their desire to grow on our own IPnot on Duke [Nukem] which [Miller and 3DR] might never get back. Int-0150. This conversation starkly illustrates Interceptors knowledge that 3DR had relinquished all rights in the Duke IP to Gearbox as a result of executing the APA.

Additionally, after reviewing the videogame being created and marketed by Defendants, Duke Nukem Mass Destruction, it is clear that Defendants wrongfully incorporated numerous protected and protectable elements of Gearboxs Duke Nukem IP, thereby infringing same. Further and more specific examples of Defendants infringement contained within the Mass Destruction title are contained in Gearboxs response to Interrogatory No. 11.

INTERROGATORY NO. 10: Identify all facts that you believe support your contention that Defendants, or either of them, have infringed Plaintiffs Copyrights. State the name, address and phone number of each person with knowledge of such facts, including the facts on which they have knowledge and identify each document which you allege support such facts.

ANSWER: Gearbox objects to this interrogatory on the grounds that it purports to require Gearbox to marshal all of its evidence in support of its case in this interrogatory answer and therefore the request is unduly burdensome and overbroad. Subject to these objections and without waiving them, the Declarations of Scott Miller and George Broussard attached to the Complaint as Exhibit D outline admissions that 3DRs actions breached the APA. Moreover, based on the information available to Gearbox at this time, it appears that Interceptor was responsible for the Duke Nukem: Mass Destruction teaser website Alloutofgum.com which made specific use of the Duke Nukem Universe intellectual property that was transferred to Gearbox under the APA, including copyrighted characters and the trademarked


nuclear symbol. Further, discovery in this matter has just begun and Gearbox has requested the depositions of 3DR and Interceptor to better understand the extent to which these defendants have violated the terms of the APA and the intellectual property rights Gearbox acquired under the APA. Gearbox will supplement this answer as Defendants provide deposition testimony or other discovery responses identifying additional breaches or infringement. Persons with knowledge of Defendants breaches include: Broussard, George Scott Miller Apogee Software, Ltd c/o Schultz & Associates, P.C. 5400 LBJ Freeway, Suite 1200 Dallas, Texas 75240 (214) 210-5940 Frederick Schreiber Nielsen, Mike Interceptor Entertainment ApS c/o Schultz & Associates, P.C. 5400 LBJ Freeway, Suite 1200 Dallas, Texas 75240 (214) 210-5940 Randy Pitchford Gearbox c/o Gearbox Counsel

Stating further, 3DRs principalsScott Miller and George Broussardexecuted a sworn declaration stating that Gearbox is the exclusive owner of the Duke Nukem IP and that the development effort behind Duke Nukem: Mass Destruction was both unauthorized and a material infringement of Gearboxs intellectual-property rights. Additionally, Defendant Interceptors principalFrederik Schreiberhas already testified in this case that he was aware, as far back as 2010, that Gearbox owned the Duke Nukem IP. See e.g., 2014-09-10 Deposition of Frederik Schreiber at 24:18-22, 118:5-14, 131:19-25; see also Apogee 10969 (e-mail exchange between Schreiber and Putnam concerning Duke Nukem project wherein Schreiber notes that Gearbox purchased the Duke Nukem IP). Moreover, 3DRs principal, Scott Millerwhen approached by Schreiber in September 2010, seeking permission to work on a Duke Nukem projecttold Schreiber that Gearbox owns the rights to the Duke Nukem IP and, moreover that he (Miller) was not legally able to give Schreiber permission to work on a Duke-Nukem related project. Int-0088. Moreover, Mike Nielsen, Principal of both 3DR and Interceptor, directly confirmed that Defendants had flagrantly violated the APA and were infringing on Gearboxs rights to the Duke IP when he testified that the development of Duke Nukem: Mass Destruction was done by Interceptor entirely from scratch. August 8, 2014 Deposition of Mike Nielsen at 102:13-23, 125:7-20, 126:20-25. Moreover, in October, 2013 Scott Miller and Frederik Schreiber discussed Interceptor and 3DRs interest in and need to buy back the Duke Nukem IP from Gearbox, thereby confirming their awareness that Gearbox owns all rights to the Duke Nukem IP and confirming their understanding that the APA transferred such rights. Int-0235.


Moreover, Frederik Schreiberprincipal of Defendant Interceptore-mailed Gearboxs former counsel PJ Putnam in October 2010 and stated that he (Schreiber) was aware that Gearbox had purchased the Duke Nukem IP. See Apogee 10969. Moreover, Schreiber has clearly testified in this case that Gearbox owns Duke Nukem. Schreiber Depo. at 24:18-22, 118:5-14, 131:19-25. Additionally, in October, 2013 Scott Miller and Frederik Schreiber discussed Interceptor and 3DRs interest in and need to buy back the Duke Nukem IP from Gearbox, thereby confirming their awareness that Gearbox owns all rights to the Duke Nukem IP and confirming their understanding that the APA transferred such rights. Int-0235. Additionally, after finding out that the teaser alloutofgum.com website had been identified on Gearbox forums, Interceptors principals Schreiber and Ibrahimi stated that they should lay low, apparently recognizing the fact that Gearbox would become aware of their infringement. Int-0235. Additionally, Interceptors principals, Schreiber and Ibrahimiduring an August 2013 e-mail exchangediscussed their desire to grow on our own IPnot on Duke [Nukem] which [Miller and 3DR] might never get back. Int-0150. This conversation starkly illustrates Interceptors knowledge that 3DR had relinquished all rights in the Duke IP to Gearbox as a result of executing the APA. Additionally, after reviewing the videogame being created and marketed by Defendants, Duke Nukem Mass Destruction, it is clear that Defendants wrongfully incorporated numerous protected and protectable elements of Gearboxs Duke Nukem IP, thereby infringing same. Further and more specific examples of Defendants infringement contained within the Mass Destruction title are contained in Gearboxs response to Interrogatory No. 11. INTERROGATORY NO. 11: For each of the Allegedly Infringing Works, identify the material that you believe infringes Plaintiffs Copyrights and identify the corresponding material contained in each of Plaintiffs Copyrights.

ANSWER: Gearbox objects to this interrogatory on the grounds that it purports to require Gearbox to marshal all of its evidence in support of its case in this interrogatory answer and therefore the request is unduly burdensome and overbroad. Subject to these objections and without waiving them, the Declarations of Scott Miller and George Broussard attached to the Complaint as Exhibit D outline admissions that 3DRs actions breached the APA. Moreover, based on the information available to Gearbox at this time, it appears that Interceptor was responsible for the Duke Nukem: Mass Destruction teaser website Alloutofgum.com which made specific use of the Duke Nukem Universe intellectual property that was transferred to Gearbox under the APA, including copyrighted characters and the trademarked nuclear symbol. Further, discovery in this matter has just begun and Gearbox has requested the depositions of 3DR and Interceptor to better understand the extent to which these defendants have violated the terms of the APA and the intellectual property rights Gearbox acquired under the APA. Gearbox will supplement this answer as Defendants provide deposition testimony or other discovery responses identifying additional breaches or infringement.

Stating further, based on the information currently available through discovery in this matter, Defendants developed and created an infringing product, to be titled Duke Nukem Mass Destruction which infringed numerous protected and protectable elements of the Duke Nukem IP and the Duke Nukem Universe held exclusively by Gearbox, and which were fully transferred from Defendant Apogee/3DR to Gearbox upon execution of the APA in 2010. By way of specific examples, but without limitations, Gearbox asserts that Defendants Mass Destruction title contained at least the following material which directly infringed Gearboxs Duke IP:


The Nuclear Symbol (as it appears in Defendants infringing work):

By way only of example, below is a depiction of the Trademarked Nuclear Symbol (No. 2,435,065 or the 065 Mark) as it appears in some works of which Plaintiff holds valid registered Copyrights, including: PA1-782-911, PA1-812-111, PA1-814-677:

Generated on: This page was generated TSDR on 2615-61-15 12:50:46 EST Mark:

US Serial Number. 7591035:3 US Registration Number. 2435065

Register Principal

Mark Type: Trademark

Status: The registration has been renewed. Status Date: Aug. 16. 2611

Publication Date: Dec. 113, 2666

Application Fling Date: Feb. 03, 2030 Registration Date: Mar. 13, 20:11


See also the below excerpts from the actual 065 Registration:

Goods and Services Note: The folt-W.no symbols indicate that the regislyantrowner has amended the 9o::1s/services:

Brackets [..] indicate deleted goods/semi:pm 3 Double parenthesis (Li.} identify any goods/servicesnot-aimed in a Section 16 affidavit of incontesrabilit,r. and Asterisks '..' identify adenional (new) wording in the goxisisenroes.

For. I Computer and Ade products. namely. video game machines for use with televisions. video garde canridges: video game tape cassettes; pre-recorded videotapes featuring computer games and computer game characters; motion piellre films featuring video games and video game characiers; television game programs featuring computer games and computer game characters: television game corsso1..; computer game analog controllers; cornpmer game joysticks; i nen Fur y cards]. computer game software; [computer game discs] computer game programs; {computer game cassettes. computer game tapes, computer game cartridges, composer software featuring computer games that can he downloaded through a global computer network; multimedia software Jed on a CD-ROM featuring computer games; computers; computer hardware and computer firmware [muse in operating compoler garnw computer mouse pads ]

Ink:math:nal Class/es): 069 - Primary Class U.S Class(es}: 621_ 023.02$, 636, OM Class Status: ACTIVE

Basis: 1(a) First Use: Feb. 1966 Use in Commerce: Feb. 1600

Current Owner(s) Information Owner Name: GEARBOX SOFTWARE. LLC.

Owner Address: 161 EAST PARK BLVD, SUITE 1206 PLANO. TEXAS 75074 UNITED STATES

Legal Entity Type: UNIFIED LIABILITY COMPANY State or Country Where TEXAS Organtred:



The character Duke Nukem (as it appears in Defendants infringing work):


By way only of example, below is the character Duke Nukem as he appears in some works of which Plaintiff holds valid registered Copyrights, including: PA1-782-911, PA1-812-111, PA1-814-677:

'Word up. I'm general graves. The shit has hit the fan BIG TIME. Herds the key -Jo the White House, now rendezvous with the Presider; ASAP!"


The character General Graves (as he appears in Defendants infringing work):

Ti[ a-..dr flo 11 Ili V

General Graves: Duke, I know this is hard for you, but play it cool for now

General Graves: Excellent work taking out the mothership and getting down here, Duke. I'm only sorry our EDF soldiers didn't make it, but I'll bear that burden and inform

their families personally.


By way only of example, below is the character General Graves as he appears in some works of which Plaintiff holds valid registered Copyrights, including: PA1-782-911, PA1-812-111, PA1-814-677:

I

ii


The character Doctor Proton (as he appears in Defendants infringing work):

By way only of example, below is the character Doctor Proton, as he appears in some works of which Plaintiff holds valid registered Copyrights, including: PA1-922-835, PA1-782-911, PA1-812-111, PA1-814-677:


The name Duke Nukem (as it appears in Defendants infringing work):

By way only of example, below is the trademarked name Duke Nukem (No. 2,578,916) as it appears in some works of which Plaintiff holds valid registered Copyrights, including: PA1-782-911, PA1-812-111, PA1-814-677:

Further, taken as a whole, Defendants use of protected and protectable marks and expressive audiovisual and/or artistic elements of Gearboxs Duke IP (specifically including but not limited to those described above) in the Mass Destruction title has resulted in a product likely to confuse consumers as to the source of the product.

Additionally, Defendants use of protected and protectable marks and expressive audiovisual and/or artistic elements of Gearboxs Duke IP (specifically including but not limited to those described above) in Mass Destruction has resulted in a product substantially similar to the Duke IP owned by Gearbox that is akin to literal copying. In Defendants infringing work, the character Duke Nukeman overly masculine and wisecracking protagonistfights off an invading army of evil aliens in an attempt to save the world from peril or destruction at the hands of said aliens and the villainous Doctor Proton, a well-known character from the Duke Nukem Universe who has appeared in the videogames Duke Nukem and Duke Nukem Forever. When taken together and in the context of the Duke Nukem Universe and IP, these copied elements clearly demonstrate infringement. Indeed, in each prior iteration of Duke Nukem gamesspecifically including but not limited to Duke Nukem, Duke Nukem II, Duke Nukem 3D, and Duke Nukem Foreverthe character Duke Nukem has been charged with fighting off an evil alien army and saving the world from certain peril or destruction.


INTERROGATORY NO. 12: Identify each written and oral communication that you and/or any of your attorneys and agents have had with any agent or representative of Defendants, or either of them. Include in you answer the name, address and phone number of each party to each such identified communication and identify each document which evidences each such communication.

ANSWER: Gearbox objects to interrogatory on the grounds that it is overly broad, unduly burdensome and seeks information that is not calculated to lead to the discovery of admissible evidence and information that is equally available to Defendant 3DR. Subject to the foregoing objections and without waiving the, Randy Pitchford had numerous conversations with Scott Miller and George Broussard and it would be unreasonable to recite them all here. Further Paul Putnam and Pat Heptig also had discussions about the APA. Further, Gearbox objects to this interrogatory as it is not limited in any way to the subject matter of this lawsuit. Mr. Pitchford has known and has previously worked with Mr. Miller and Mr. Broussard for many years and it would be unreasonable to require Mr. Pitchford, for example, to recite every conversation he has ever had with 3DRs officers over the years.

INTERROGATORY NO. 13: With respect to U.S. Copyright Registration No. PA 1-782-911, identify and describe in detail all material excluded from the copyright claim including, but not limited to, pre-existing music, and pre-2010 Duke Nukem games, and all new material included in the copyright claim including, but not limited to, audiovisual material, music and script for videogame, as identified in the Registration.

ANSWER: Gearbox objects to this interrogatory on the grounds that U.S. Copyright Registration No. PA 1-782-911 in the name of Gearbox speaks for itself. Gearbox further objects to this request on the grounds that the request is overbroad and unduly burdensome and harassing and could require a burdensome and detailed comparison of the pre-existing works and the pre-2010 Duke Nukem games to those created afterwards. Gearbox acquired all copyrights to all pre-2010 games under the APA. It therefore further objects to this request as burdensome and not calculated to lead to the discovery of admissible evidence as it is immaterial to this action whether the rights Gearbox asserts were pre-2010 rights acquired under the APA or rights it created after the 2010 APA.

INTERROGATORY NO. 14: With respect to U.S. Copyright Registration No. PA 1-812-111, identify and describe in detail all material excluded from the copyright claim including, but not limited to, pre-existing music, and pre-2010 Duke Nukem games, and all new material included in the copyright claim including, but not limited to, all other cinemagraphic material, additional new footage, production as a motion picture, new narration, editing, new music, new script, as identified in the Registration.



INTERROGATORY NO. 15: With respect to U.S. Copyright Registration No. PA 1-814-677, identify and describe in detail all material excluded from the copyright claim including, but not limited to, pre-existing music, and pre-2010 Duke Nukem games, and all new material included in the copyright claim including, but not limited to, all other audiovisual material, as identified in the Registration.


INTERROGATORY NO. 16: Identify all facts which support your allegation that 3DR provided Gearboxs DUKE NUKEM product to Interceptor as alleged in paragraph 33 of your Complaint. In your answer, also state in detail what the DUKE NUKEM product provided to Interceptor was. State the name, address and phone number of each person with knowledge of such facts and identify each document which evidences such facts.

ANSWER: Gearbox objects to this interrogatory on the grounds that it purports to require Gearbox to marshal all of its evidence in support of its case in this interrogatory answer and therefore the request is unduly burdensome and overbroad. Subject to these objections and without waiving them, the Declarations of Scott Miller and George Broussard attached to the Complaint as Exhibit D outline admissions that 3DRs actions breached the APA. Moreover, based on the information available to Gearbox at this time, it appears that Interceptor was responsible for the Duke Nukem: Mass Destruction teaser website Alloutofgum.com which made specific use of the Duke Nukem Universe intellectual property that was transferred to Gearbox under the APA, including copyrighted characters and the trademarked nuclear symbol. Further Mike Nielson acknowledged that there was indeed an Interceptor Duke Nukem project partly funded under a Danish Government Accelerator Program and specifically acknowledged that 3DR entered into some license agreement with another party, presumably Interceptor, based on the exchanges, to work on Duke Nukem games without Gearboxs consent. Further, discovery in this matter has just begun and Gearbox has requested the depositions of 3DR and Interceptor to better understand the extent to which these defendants have violated the terms of the APA and the intellectual property rights Gearbox acquired under the APA. Gearbox will supplement this answer as Defendants provide deposition testimony or other discovery responses identifying additional breaches or infringement. Persons with knowledge of these facts include: Broussard, George Scott Miller Apogee Software, Ltd c/o Schultz & Associates, P.C. 5400 LBJ Freeway, Suite 1200 Dallas, Texas 75240 (214) 210-5940


Frederick Schreiber Nielsen, Mike Interceptor Entertainment ApS c/o Schultz & Associates, P.C. 5400 LBJ Freeway, Suite 1200 Dallas, Texas 75240 (214) 210-5940 INTERROGATORY NO. 17: Identify all facts which support your allegation that Interceptor, without permission or consent of Gearbox, has used and continues to use material covered by the Duke Nukem Copyrights in the development, creation, sale, promotion, and distribution of its videogame entitled, Duke Nukem: Mass Destruction, as alleged in paragraph 45 of your Complaint. State the name, address and phone number of each person with knowledge of such facts and identify each document which evidences such facts.

ANSWER: Gearbox objects to this interrogatory on the grounds that it purports to require Gearbox to marshal all of its evidence in support of its case in this interrogatory answer and therefore the request is unduly burdensome and overbroad. Subject to these objections and without waiving them, the Declarations of Scott Miller and George Broussard attached to the Complaint as Exhibit D outline admissions that 3DRs actions breached the APA. Moreover, based on the information available to Gearbox at this time, it appears that Interceptor was responsible for the Duke Nukem: Mass Destruction teaser website Alloutofgum.com which made specific use of the Duke Nukem Universe intellectual property that was transferred to Gearbox under the APA, including copyrighted characters and the trademarked nuclear symbol. Further, discovery in this matter has just begun and Gearbox has requested the depositions of 3DR and Interceptor to better understand the extent to which these defendants have violated the terms of the APA and the intellectual property rights Gearbox acquired under the APA. Gearbox will supplement this answer as Defendants provide deposition testimony or other discovery responses identifying additional breaches or infringement. Persons with knowledge of Defendants breaches include: Broussard, George Scott Miller Apogee Software, Ltd c/o Schultz & Associates, P.C. 5400 LBJ Freeway, Suite 1200 Dallas, Texas 75240 (214) 210-5940 Frederick Schreiber Nielsen, Mike Interceptor Entertainment ApS c/o Schultz & Associates, P.C. 5400 LBJ Freeway, Suite 1200 Dallas, Texas 75240


(214) 210-5940 Randy Pitchford Gearbox c/o Gearbox Counsel

Stating further, 3DRs principalsScott Miller and George Broussardexecuted a sworn declaration stating that Gearbox is the exclusive owner of the Duke Nukem IP and that the development effort behind Duke Nukem: Mass Destruction was both unauthorized and a material infringement of Gearboxs intellectual-property rights. Additionally, Defendant Interceptors principalFrederik Schreiberhas already testified in this case that he was aware, as far back as 2010, that Gearbox owned the Duke Nukem IP. See e.g., 2014-09-10 Deposition of Frederik Schreiber at 24:18-22, 118:5-14, 131:19-25; see also Apogee 10969 (e-mail exchange between Schreiber and Putnam concerning Duke Nukem project wherein Schreiber notes that Gearbox purchased the Duke Nukem IP). Moreover, 3DRs principal, Scott Millerwhen approached by Schreiber in September 2010, seeking permission to work on a Duke Nukem projecttold Schreiber that Gearbox owns the rights to the Duke Nukem IP and, moreover that he (Miller) was not legally able to give Schreiber permission to work on a Duke-Nukem related project. Int-0088. Moreover, Mike Nielsen, Principal of both 3DR and Interceptor, directly confirmed that Defendants had flagrantly violated the APA and were infringing on Gearboxs rights to the Duke IP when he testified that the development of Duke Nukem: Mass Destruction was done by Interceptor entirely from scratch. August 8, 2014 Deposition of Mike Nielsen at 102:13-23, 125:7-20, 126:20-25. Moreover, in October, 2013 Scott Miller and Frederik Schreiber discussed Interceptor and 3DRs interest in and need to buy back the Duke Nukem IP from Gearbox, thereby confirming their awareness that Gearbox owns all rights to the Duke Nukem IP and confirming their understanding that the APA transferred such rights. Int-0235.




INTERROGATORY NO. 18: Identify all facts which support your allegation that Duke Nukem: Mass Destruction is identical and/or substantially similar to the materials protected by the Duke Nukem Copyrights and constitutes an unauthorized derivative work, as alleged in paragraph 45 of your Complaint. State the name, address and phone number of each person with knowledge of such facts and identify each document which evidences such facts.

ANSWER: Gearbox objects to this interrogatory on the grounds that it purports to require Gearbox to marshal all of its evidence in support of its case in this interrogatory answer and therefore the request is unduly burdensome and overbroad. Subject to these objections and without waiving them, the Declarations of Scott Miller and George Broussard attached to the Complaint as Exhibit D outline admissions that 3DRs actions breached the APA. Moreover, based on the information available to Gearbox at this time, it appears that Interceptor was responsible for the Duke Nukem: Mass Destruction teaser website Alloutofgum.com which made specific use of the Duke Nukem Universe intellectual property that was transferred to Gearbox under the APA, including copyrighted characters and the trademarked nuclear symbol. Further, at the time of the APA there was no game titled Duke Nukem: Mass Destruction. Further, discovery in this matter has just begun and Gearbox has requested the depositions of 3DR and Interceptor to better understand the extent to which these defendants have violated the terms of the APA and the intellectual property rights Gearbox acquired under the APA. Gearbox will supplement this answer as Defendants provide deposition testimony or other discovery responses identifying additional breaches or infringement. Persons with knowledge of Defendants breaches include: Broussard, George Scott Miller Apogee Software, Ltd c/o Schultz & Associates, P.C. 5400 LBJ Freeway, Suite 1200 Dallas, Texas 75240 (214) 210-5940 Frederick Schreiber Nielsen, Mike Interceptor Entertainment ApS c/o Schultz & Associates, P.C. 5400 LBJ Freeway, Suite 1200 Dallas, Texas 75240 (214) 210-5940

Stating further, 3DRs principalsScott Miller and George Broussardexecuted a sworn declaration stating that Gearbox is the exclusive owner of the Duke Nukem IP and that the development effort behind Duke Nukem: Mass Destruction was both unauthorized and a material infringement of


Gearboxs intellectual-property rights. Additionally, Defendant Interceptors principalFrederik Schreiberhas already testified in this case that he was aware, as far back as 2010, that Gearbox owned the Duke Nukem IP. See e.g., 2014-09-10 Deposition of Frederik Schreiber at 24:18-22, 118:5-14, 131:19-25; see also Apogee 10969 (e-mail exchange between Schreiber and Putnam concerning Duke Nukem project wherein Schreiber notes that Gearbox purchased the Duke Nukem IP). Moreover, 3DRs principal, Scott Millerwhen approached by Schreiber in September 2010, seeking permission to work on a Duke Nukem projecttold Schreiber that Gearbox owns the rights to the Duke Nukem IP and, moreover that he (Miller) was not legally able to give Schreiber permission to work on a Duke-Nukem related project. Int-0088. Moreover, Mike Nielsen, Principal of both 3DR and Interceptor, directly confirmed that Defendants had flagrantly violated the APA and were infringing on Gearboxs rights to the Duke IP when he testified that the development of Duke Nukem: Mass Destruction was done by Interceptor entirely from scratch. August 8, 2014 Deposition of Mike Nielsen at 102:13-23, 125:7-20, 126:20-25. Moreover, in October, 2013 Scott Miller and Frederik Schreiber discussed Interceptor and 3DRs interest in and need to buy back the Duke Nukem IP from Gearbox, thereby confirming their awareness that Gearbox owns all rights to the Duke Nukem IP and confirming their understanding that the APA transferred such rights. Int-0235.


Additionally, after reviewing the videogame being created and marketed by Defendants, Duke Nukem Mass Destruction, it is clear that Defendants wrongfully incorporated numerous protected and protectable elements of Gearboxs Duke Nukem IP, thereby infringing same and creating a product that is identical and/or substantially similar to the materials protected by the Duke Nukem IP, of which Gearbox is the owner. Further and more specific examples of Defendants infringement contained within the Mass Destruction title are contained in Gearboxs response to Interrogatory No. 11.

INTERROGATORY NO. 19: Identify each instance of copying, distribution, and/or use by Defendant Interceptor which has violated Gearboxs exclusive rights in the Duke Nukem Copyrights, as alleged in paragraph 45 of your Complaint. State the name, address and phone number of each person with knowledge of such copying, distribution and/or use and identify each document which evidences such copying, distribution and/or use.


ANSWER: Gearbox objects to this interrogatory on the grounds that it purports to require Gearbox to marshal all of its evidence in support of its case in this interrogatory answer and therefore the request is unduly burdensome and overbroad. Subject to these objections and without waiving them, based on the information available to Gearbox at this time, it appears that Defendant Interceptor was responsible for the Duke Nukem: Mass Destruction teaser website, Alloutofgum.com, which made specific use of the Duke Nukem Universe intellectual property that was transferred to Gearbox under the APA, including copyrighted characters. In addition, Interceptors teaser website touted the release of a new game, Duke Nukem: Mass Destruction. At the time of the APA, there was no game titled Duke Nukem: Mass Destruction. Further, discovery in this matter has just begun and Gearbox has requested the depositions of 3DR and Interceptor to better understand the extent to which these defendants have infringed Gearboxs copyrights. Gearbox will supplement this answer as Defendants provide deposition testimony or other discovery responses identifying additional infringement. Persons with knowledge of Defendants actions include: Broussard, George Scott Miller Apogee Software, Ltd c/o Schultz & Associates, P.C. 5400 LBJ Freeway, Suite 1200 Dallas, Texas 75240 (214) 210-5940 Frederick Schreiber Nielsen, Mike Interceptor Entertainment ApS c/o Schultz & Associates, P.C. 5400 LBJ Freeway, Suite 1200 Dallas, Texas 75240 (214) 210-5940


INTERROGATORY NO. 20: Describe in detail the creation and development of each of the Allegedly Infringed Works. Include in your answer a precise date of creation for each of the Allegedly Infringed Works, an identification of each person who participated or collaborated in any way in creation of the Allegedly Infringed Works, and a description of what subject matter each person created.


ANSWER: Gearbox objects to this request as overly broad and unduly burdensome and not reasonably calculated to lead to the discovery of admissible evidence. Furthermore, with respect to the specific development process of certain works that was undertaken and completed prior to the execution of the APA and the transfer of the Duke IP to Gearbox in 2010, such information is at least equally, if not better known to 3DR.

INTERROGATORY NO. 21: Describe in detail the factual basis for Plaintiffs assertion that the alleged copyright infringement by Defendant was willful. In your answer, state the name, address and phone number of each person with knowledge of the facts set forth in your response and identify each document which evidences the facts set forth in your response.

ANSWER: At this time Gearbox relies upon the Declarations of Scott Miller and George Broussard attached to the Complaint as Exhibit D as well as the fact that Mr. Schreiber knew that Gearbox owned the rights to the Duke Nukem games and Intellectual Property before allowing Interceptor to publish the teaser website AlloutofGum.com in 2014.

Broussard, George Scott Miller Apogee Software, Ltd c/o Schultz & Associates, P.C. 5400 LBJ Freeway, Suite 1200 Dallas, Texas 75240 (214) 210-5940 Frederick Schreiber Nielsen, Mike Interceptor Entertainment ApS c/o Schultz & Associates, P.C. 5400 LBJ Freeway, Suite 1200 Dallas, Texas 75240 (214) 210-5940 Randy Pitchford Gearbox c/o Gearbox Counsel

Stating further, 3DRs principalsScott Miller and George Broussardexecuted a sworn declaration stating that Gearbox is the exclusive owner of the Duke Nukem IP and that the development effort behind Duke Nukem: Mass Destruction was both unauthorized and a material infringement of Gearboxs intellectual-property rights. Additionally, Defendant Interceptors principalFrederik Schreiberhas already testified in this case that he was aware, as far back as 2010, that Gearbox owned the Duke Nukem IP. See e.g., 2014-09-10 Deposition of Frederik Schreiber at 24:18-22, 118:5-14, 131:19-25; see also Apogee 10969 (e-mail exchange between Schreiber and Putnam concerning Duke Nukem project wherein Schreiber notes that Gearbox purchased the Duke Nukem IP). Moreover, 3DRs principal, Scott


Millerwhen approached by Schreiber in September 2010, seeking permission to work on a Duke Nukem projecttold Schreiber that Gearbox owns the rights to the Duke Nukem IP and, moreover that he (Miller) was not legally able to give Schreiber permission to work on a Duke-Nukem related project. Int-0088. Moreover, Mike Nielsen, Principal of both 3DR and Interceptor, directly confirmed that Defendants had flagrantly violated the APA and were infringing on Gearboxs rights to the Duke IP when he testified that the development of Duke Nukem: Mass Destruction was done by Interceptor entirely from scratch. August 8, 2014 Deposition of Mike Nielsen at 102:13-23, 125:7-20, 126:20-25. Moreover, in October, 2013 Scott Miller and Frederik Schreiber discussed Interceptor and 3DRs interest in and need to buy back the Duke Nukem IP from Gearbox, thereby confirming their awareness that Gearbox owns all rights to the Duke Nukem IP and confirming their understanding that the APA transferred such rights. Int-0235.




Dated: April 10, 2015 Respectfully submitted,

By: /s/ Stephen E. Fox

Stephen E. Fox Texas Bar No. 07337260 [email protected] Jonathan E. Clark Texas Bar No. 24069515 [email protected] POLSINELLI PC 2501 N. Harwood Street, Suite 1900 Dallas, Texas 75201 Telephone: 214.397.0030 Facsimile: 214.397.0033 Attorneys for Plaintiff Michael E. Schonberg Texas State Bar No. 00784927 [email protected] Megan Dredla Hoyt Texas State Bar No. 24050530 [email protected] THOMPSON & KNIGHT LLP One Arts Plaza 1722 Routh Street, Suite 1500 Dallas, Texas 75201 Telephone: 214.969.1304 Facsimile: 214.880.3262 ATTORNEYS FOR PLAINTIFF GEARBOX SOFTWARE, LTD.


CERTIFICATE OF SERVICE

The undersigned certifies that the foregoing document has been served via electronic mail, upon

all counsel of record, as identified below, on April 10, 2015:

George R. Schultz [email protected] Nicole R. Marsh [email protected] Schultz & Associates, P.C. 5400 LBJ Freeway, Suite 1200 Dallas, Texas 75240

/s/ Stephen E. Fox Stephen E. Fox

Exhibit(s) 3 - Apogee Software Ltd and Interceptor Entertainment ApS

Documents

plaintiff gearbox software

duke nukem assets

llc gearbox

duke nukem trademarks

titled duke nukem

duke nukem universe

duke nukem game characters

series of duke nukem