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