`Case 1:15—cv—OO311—RGA Document 109 Filed 03/25/16 Page 1 of 4 Page|D #: 3186
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`IN THE UNITED STATES DISTRICT COURT
`FOR THE DISTRICT OF DELAWARE
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`ACCELERATION BAY LLC,
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`Plaintiff,
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`V.
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`ACTIVISION BLIZZARD, INC.,
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`Defendant.
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`ACCELERATION BAY LLC,
`
`Plaintiff,
`
`V.
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`ELECTRONIC ARTS INC.,
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`Defendant.
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`ACCELERATION BAY LLC,
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`Plaintiff,
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`V.
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`TAKE-TWO INTERACTIVE SOFTWARE,
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`INC., ROCKSTAR GAMES, INC. and
`2K SPORTS, INC.,
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`Defendants.
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`
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`\y\y\./\/g/\/\/\./g/\/;\/\J\/\./\./\/\/\./;g/g/g/¢¢\/g/Q;
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`C.A. No. 15-228 (RGA)
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`PUBLIC VERSION
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`C.A. No. 15-282 (RGA)
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`C.A. No. 15-311 (RGA)
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`DECLARATION OF AARON FRANKEL IN SUPPORT OF PLAINTIFF
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`ACCELERATION BAY LLC’S OPPOSITION TO DEFENDANTS’ MOTION TO
`DISMISS FOR LACK OF STANDING
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`Public Version Dated: March 25, 2016
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`
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`Case 1:15-cv-00311-RGA Document 109 Filed 03/25/16 Page 2 of 4 PageID #: 3187
`Case 1:15—cv—OO311—RGA Document 109 Filed 03/25/16 Page 2 of 4 Page|D #: 3187
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`1, Aaron Frankel, declare as follows:
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`1.
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`1 am an attorney with the law firm Kramer Levin Naftalis & Frankel LLP, counsel
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`of record for Plaintiff Acceleration Bay LLC (“Acceleration Bay”). 1 have personal knowledge
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`of the facts stated herein and can testify competently to those facts.
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`I make this declaration in
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`support of Acceleration Bay’s Opposition to Defendants’ Motion to Dismiss for Lack of
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`Standing.
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`2.
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`Attached hereto as Exhibit 1 is a true and correct copy of the_
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`
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`3.
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`Attached hereto as Exhibits 2-6 are true and correct copies of search results
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`related to patent assignments of U.S. Patent No. 6,701,344, U.S. Patent No. 6,714,966, U.S.
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`Patent No. 6,732,147, U.S. Patent No. 6,910,069 and U.S. Patent No. 6,920,497 available from
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`the U.S. Patent and Trademark Office, bearing bates numbers AB-AB 002185-89 and AB-AB
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`002193-96.
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`4.
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`Attached hereto as Exhibit 7 is a true and correct copy of search results related to
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`patent assignments of U.S. Patent No. 6,829,634 available from the U.S. Patent and Trademark
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`Office.
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`5.
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`Attached hereto as Exhibit 8 is a true and correct copy of—
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` — 6
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`Attached hereto as Exhibit 9 is a true and correct copy of Plaintiff’ s Reply Brief
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`.
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`Regarding EMC Corporation’s Standing from EMC Corp. v. Pure Storage, Inc., No. 13-1985-
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`RGA (D. Del. Feb. 26, 2016).
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`
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`Case 1:15-cv-00311-RGA Document 109 Filed 03/25/16 Page 3 of 4 PageID #: 3188
`Case 1:15—cv—OO311—RGA Document 109 Filed 03/25/16 Page 3 of 4 Page|D #: 3188
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`7.
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`Attached hereto as Exhibit 10 is a true and correct copy of a press release entitled
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`“Boeing Begins Construction of Simulation and Analytics Lab Space in Huntsville,” dated
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`December 11, 2014.
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`8.
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`Attached hereto as Exhibit 11 is a true and correct copy of a webpage entitled
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`“Simulator Services,” available at http://www.boeing.com/commercial/services/flight-
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`operations-solutions/simulator-services/, last visited on March 11, 2016.
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`9.
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`Attached hereto as Exhibit 12 is a true and correct copy of an article entitled
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`“Boeing, Elbit Systems to Collaborate on Simulation for Super Hornet,” dated March 27, 2012.
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`10.
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`Attached hereto as Exhibit 13 is a true and correct copy of a press release entitled
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`“Northrop Grumman and Boeing Partner for Missile Defense Simulation Architecture Contrac ,”
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`dated September 27, 2010.
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`11.
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`Attached hereto as Exhibit 14 is a true and correct copy of The Boeing
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`Company’s Oct. 2014 Technical Report, entitled “Advanced Framework for Simulation,
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`Integration and Modeling (AFSIM) Version 1.8 Overview.”
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`12.
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`Attached hereto as Exhibit 15 is a true and correct copy of a webpage regarding
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`flying mount items from World of Warcraft.
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`13.
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`Attached hereto as Exhibit 16 is a true and correct copy of webpages from
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`Wikipedia entitled “Microsoft Flight Simulator X.”
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`14.
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`Attached hereto as Exhibit 17 is a true and correct copy of a webpage from
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`Wikipedia entitled “World of Warcrait.”
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`15.
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`Attached hereto as Exhibit 18 is a true and correct copy of a webpage from
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`Wikipedia entitled “Grand Theft Auto (series).”
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`
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`Case 1:15-cv-00311-RGA Document 109 Filed 03/25/16 Page 4 of 4 PageID #: 3189
`Case 1:15—cv—OO311—RGA Document 109 Filed 03/25/16 Page 4 of 4 Page|D #: 3189
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`16.
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`Attached hereto as Exhibit 19 is a true and correct copy of a webpage from
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`Wikipedia entitled “Call of Duty.”
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`17.
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`Attached hereto as Exhibit 20 is a true and correct copy of a webpage from
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`Wikipedia entitled “Destiny (video game).”
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`18.
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`Attached hereto as Exhibit 21 is a true and correct copy of a webpage from
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`Wikipedia entitled “Plants VS. Zombies: Garden Warfare.”
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`19.
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`Attached hereto as Exhibit 22 is a true and correct copy of the Memorandum
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`Order from Adaptix, Inc. v. T-Mobile USA, Inc., No. 6:12—cv—00369 (E.D. Tex. Nov. 5, 2014).
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`I declare under penalty of perjury under the laws of the United States that the foregoing is
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`true and correct. Executed on March 18, 2016 in New York, New York.
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`/s/ Aaron Frankel
`Aaron Frankel
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`1219172