Case 1:15-cv-00311-RGA Document 116-1 Filed 04/07/16 Page 1 of 16 PageID #: 3480
`Case 1:15—cv—OO311—RGA Document 116-1 Filed 04/07/16 Page 1 of 16 Page|D #: 3480
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`
`
`EXHIBIT 1
`
`EXHIBIT 1
`
`

`
`Case 1:15-cv-00311-RGA Document 116-1 Filed 04/07/16 Page 2 of 16 PageID #: 3481
`Case 1:15—cv—OO311—RGA Document 116-1 Filed 04/07/16 Page 2 of 16 Page|D #: 3481
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`A0 88B (Rev. 02/1 4) Subpoena to Produce Documents, Information, or Objects or to Pennit Inspection of Premises in a Civil Action
`
`
`UNITED STATES DISTRICT COURT
`for the
`
`District of Delaware
`
`Acceleration Bay LLC
`Pluintifl
`v.
`Activision Blizzard |nc., Electronic Arts |nc.,
`Take-Two Interactive Software |nc., et al.
`Defendant
`
`)
`)
`)
`)
`)
`)
`
`Civil Action No.
`
`15'228v 15‘232v 154311
`
`SUBPOENA TO PRODUCE DOCUMENTS, INFORMATION, OR OBJECTS
`OR TO PERMIT INSPECTION OF PREMISES IN A CIVIL ACTION
`
`To;
`
`Joseph Ward, 370 Bridge Parkway, Redwood City, CA 94065
`
`(Name ofperson to whom this subpoena is directed)
`
`é Production: YOU ARE COMM ANDED to produce at the time, date, and place set forth below the following
`documents, electronically stored information, or objects, and to permit inspection, copying, testing, or sampling of the
`material: Produce documents requested in Attachment A.
`
`Place: Winston 3, Strawn |_i_p
`275 Middlefield Road, Suite 205
`Memo Park‘ CA 94025
`
`Date and Time:
`
`.
`04/22/201610.00 am
`
`El Inspection ofPremises: YOU ARE COMMANDED to permit entry onto the designated premises, land, or
`other property possessed or controlled by you at the time, date, and location set forth below, so that the requesting party
`may inspect, measure, survey, photograph, test, or sample the property or any designated object or operation on it.
`
`Place:
`
`Date and Time:
`
`
`
`The following provisions of Fed. R. Civ. P. 45 are attached — Rule 45(0), relating to the place of compliance;
`‘W ” ’RTI'le’4’5’(d)’, filatifig to youffiotectiorrasa’p’ers’on’subj’ect’to’a”subpoena;”and Rule 4*5*(*e*)" and (*g),*relating*to yourdutyzto
`respond to this subpoena and the potential consequences of not doing so.
`—
`
`*
`
`CLERK OF COURT
`
`
`
`Signature of Clerk or Deputy Clerk
`
`ORK
`
` Attorney ’s signature
`
`
`
`
`The name, address, e-mail address, and telephone number of the attorney representing (name ofparty)
`
`Activision Blizzard, Electronic Arts, Take-Two Interactive Software
`
`, who issues or requests this subpoena, are:
`
`
`Kathleen B. Barry, Winston & Strawn LLP, 35 W. Wacker Dr., Chicago, IL 60601 Tel: 312-558-8046
`
`Notice to the person who issues or requests this subpoena
`IT1t0111aSu10@WiI1St011-C0111
`If this subpoena commands the production of documents, electronically stored information, or tangible things or the
`inspection of premises before trial, a notice and a copy of the subpoena must be served on each party in this case before
`it is served on the person to whom it is directed. Fed. R. Civ. P. 45(a)(4).
`
`

`
`Case 1:15-cv-00311-RGA Document 116-1 Filed 04/07/16 Page 3 of 16 PageID #: 3482
`AO 88B (Rev. 02/14) Subpoena to Produce Documents, Information, or Objects or to Permit Inspection of Premises in a Civil Action (Page 2)
`
`Civil Action No.
`
`PROOF OF SERVICE
`(This section should not be filed with the court unless required by Fed. R. Civ. P. 45.)
`
`I received this subpoena for (name of individual and title, if any)
`.
`
`on (date)
`
`’ I served the subpoena by delivering a copy to the named person as follows:
`
`’ I returned the subpoena unexecuted because:
`
`on (date)
`
`; or
`
`Unless the subpoena was issued on behalf of the United States, or one of its officers or agents, I have also
`tendered to the witness the fees for one day’s attendance, and the mileage allowed by law, in the amount of
`$
`.
`
`My fees are $
`
`for travel and $
`
`for services, for a total of $
`
`.
`
`.
`
`I declare under penalty of perjury that this information is true.
`
`Date:
`
`Additional information regarding attempted service, etc.:
`
`Server’s signature
`
`Printed name and title
`
`Server’s address
`
`15-228, 15-282, 15-311
`
`0.00
`
`Print
`
`Save As...
`
`Add Attachment
`
`Reset
`
`

`
`Case 1:15-cv-00311-RGA Document 116-1 Filed 04/07/16 Page 4 of 16 PageID #: 3483
`AO 88B (Rev. 02/14) Subpoena to Produce Documents, Information, or Objects or to Permit Inspection of Premises in a Civil Action(Page 3)
`
`(c) Place of Compliance.
`
`Federal Rule of Civil Procedure 45 (c), (d), (e), and (g) (Effective 12/1/13)
` (ii) disclosing an unretained expert’s opinion or information that does
`not describe specific occurrences in dispute and results from the expert’s
`study that was not requested by a party.
` (C) Specifying Conditions as an Alternative. In the circumstances
`described in Rule 45(d)(3)(B), the court may, instead of quashing or
`modifying a subpoena, order appearance or production under specified
`conditions if the serving party:
` (i) shows a substantial need for the testimony or material that cannot be
`otherwise met without undue hardship; and
` (ii) ensures that the subpoenaed person will be reasonably compensated.
`
` (1) For a Trial, Hearing, or Deposition. A subpoena may command a
`person to attend a trial, hearing, or deposition only as follows:
` (A) within 100 miles of where the person resides, is employed, or
`regularly transacts business in person; or
` (B) within the state where the person resides, is employed, or regularly
`transacts business in person, if the person
` (i) is a party or a party’s officer; or
` (ii) is commanded to attend a trial and would not incur substantial
`expense.
`
` (2) For Other Discovery. A subpoena may command:
` (A) production of documents, electronically stored information, or
`tangible things at a place within 100 miles of where the person resides, is
`employed, or regularly transacts business in person; and
` (B) inspection of premises at the premises to be inspected.
`
`(d) Protecting a Person Subject to a Subpoena; Enforcement.
`
` (1) Avoiding Undue Burden or Expense; Sanctions. A party or attorney
`responsible for issuing and serving a subpoena must take reasonable steps
`to avoid imposing undue burden or expense on a person subject to the
`subpoena. The court for the district where compliance is required must
`enforce this duty and impose an appropriate sanction—which may include
`lost earnings and reasonable attorney’s fees—on a party or attorney who
`fails to comply.
`
` (2) Command to Produce Materials or Permit Inspection.
` (A) Appearance Not Required. A person commanded to produce
`documents, electronically stored information, or tangible things, or to
`permit the inspection of premises, need not appear in person at the place of
`production or inspection unless also commanded to appear for a deposition,
`hearing, or trial.
` (B) Objections. A person commanded to produce documents or tangible
`things or to permit inspection may serve on the party or attorney designated
`in the subpoena a written objection to inspecting, copying, testing, or
`sampling any or all of the materials or to inspecting the premises—or to
`producing electronically stored information in the form or forms requested.
`The objection must be served before the earlier of the time specified for
`compliance or 14 days after the subpoena is served. If an objection is made,
`the following rules apply:
` (i) At any time, on notice to the commanded person, the serving party
`may move the court for the district where compliance is required for an
`order compelling production or inspection.
` (ii) These acts may be required only as directed in the order, and the
`order must protect a person who is neither a party nor a party’s officer from
`significant expense resulting from compliance.
`
` (3) Quashing or Modifying a Subpoena.
` (A) When Required. On timely motion, the court for the district where
`compliance is required must quash or modify a subpoena that:
` (i) fails to allow a reasonable time to comply;
` (ii) requires a person to comply beyond the geographical limits
`specified in Rule 45(c);
` (iii) requires disclosure of privileged or other protected matter, if no
`exception or waiver applies; or
` (iv) subjects a person to undue burden.
` (B) When Permitted. To protect a person subject to or affected by a
`subpoena, the court for the district where compliance is required may, on
`motion, quash or modify the subpoena if it requires:
`(i) disclosing a trade secret or other confidential research,
`development, or commercial information; or
`
`(e) Duties in Responding to a Subpoena.
`
` (1) Producing Documents or Electronically Stored Information. These
`procedures apply to producing documents or electronically stored
`information:
` (A) Documents. A person responding to a subpoena to produce documents
`must produce them as they are kept in the ordinary course of business or
`must organize and label them to correspond to the categories in the demand.
` (B) Form for Producing Electronically Stored Information Not Specified.
`If a subpoena does not specify a form for producing electronically stored
`information, the person responding must produce it in a form or forms in
`which it is ordinarily maintained or in a reasonably usable form or forms.
` (C) Electronically Stored Information Produced in Only One Form. The
`person responding need not produce the same electronically stored
`information in more than one form.
` (D) Inaccessible Electronically Stored Information. The person
`responding need not provide discovery of electronically stored information
`from sources that the person identifies as not reasonably accessible because
`of undue burden or cost. On motion to compel discovery or for a protective
`order, the person responding must show that the information is not
`reasonably accessible because of undue burden or cost. If that showing is
`made, the court may nonetheless order discovery from such sources if the
`requesting party shows good cause, considering the limitations of Rule
`26(b)(2)(C). The court may specify conditions for the discovery.
`
`(2) Claiming Privilege or Protection.
` (A) Information Withheld. A person withholding subpoenaed information
`under a claim that it is privileged or subject to protection as trial-preparation
`material must:
` (i) expressly make the claim; and
` (ii) describe the nature of the withheld documents, communications, or
`tangible things in a manner that, without revealing information itself
`privileged or protected, will enable the parties to assess the claim.
` (B) Information Produced. If information produced in response to a
`subpoena is subject to a claim of privilege or of protection as
`trial-preparation material, the person making the claim may notify any party
`that received the information of the claim and the basis for it. After being
`notified, a party must promptly return, sequester, or destroy the specified
`information and any copies it has; must not use or disclose the information
`until the claim is resolved; must take reasonable steps to retrieve the
`information if the party disclosed it before being notified; and may promptly
`present the information under seal to the court for the district where
`compliance is required for a determination of the claim. The person who
`produced the information must preserve the information until the claim is
`resolved.
`
`(g) Contempt.
`The court for the district where compliance is required—and also, after a
`motion is transferred, the issuing court—may hold in contempt a person
`who, having been served, fails without adequate excuse to obey the
`subpoena or an order related to it.
`
`For access to subpoena materials, see Fed. R. Civ. P. 45(a) Committee Note (2013).
`
`

`
`Case 1:15-cv-00311-RGA Document 116-1 Filed 04/07/16 Page 5 of 16 PageID #: 3484
`
`ATTACHMENT A
`
`DEFINITIONS
`
`1.
`
`“Defendants” shall mean Activision|Blizzard, Inc., Electronic Arts Inc., Take-
`
`Two Interactive Software, Inc., Rockstar Games, Inc., and 2K Sports, Inc., including but not
`
`limited to their predecessors, all parent companies, partners, wholly or partially owned
`
`subsidiaries, divisions, past or present affiliated corporations, and each of their present and
`
`former employees, agents, officers, directors, representatives, consultants, accountants, and
`
`attorneys.
`
`2.
`
`“Acceleration Bay” or “Plaintiff” means and includes Acceleration Bay LLC,
`
`Acceleration Bay, Inc., together with each of its respective departments, divisions, subsidiaries,
`
`predecessors, and affiliates, past and present, and all employees, representatives, and/or agents
`
`acting or purporting to act on any or all of their respective behalves.
`
`3.
`
`“You,” “your”, and “Mr. Ward” means and includes Joseph Ward, together with
`
`his representatives and/or agents acting or purporting to act on his behalf.
`
`4.
`
`“Boeing” means and includes The Boeing Company together with each of its
`
`respective departments, divisions, subsidiaries, predecessors, and affiliates, past and present,
`
`including Panthesis, Inc. (“Panthesis”), and all employees, representatives, and/or agents acting
`
`or purporting to act on any or all of their respective behalves.
`
`5.
`
`“Accused Products” shall mean any product or service manufactured, used, sold,
`
`offered for sale or imported into the United States by or on behalf of any Defendants that
`
`Acceleration Bay alleges infringes the Asserted Patents.
`
`6.
`
`“Asserted Patents” shall mean United States Patent Nos. 6,701,344; 6,714,966;
`
`6,732,147; 6,829,634; 6,910,069; and 6,920,497.
`
`
`
`
`1
`
`

`
`Case 1:15-cv-00311-RGA Document 116-1 Filed 04/07/16 Page 6 of 16 PageID #: 3485
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`7.
`
`The term “Related Application(s)” of a referenced patent or patents means any
`
`patent or patent application, filed anywhere in the world, that: (a) is a parent, child, or other
`
`ancestral application related in any way to the referenced patent; (b) is a continuation
`
`application, continuation-in-part application, divisional application, file-wrapper continuation,
`
`reexamination proceeding, reissue application, provisional application, or abandoned application
`
`of such referenced patent or the application that led to such referenced patent; (c) claims priority
`
`in whole or in part from such referenced patent or the application that led to such referenced
`
`patent; (d) is the basis for a claim of priority in whole or in part (including claims of benefits
`
`under 35 U.S.C. §§ 119(e) or 120) for such referenced patent; (e) was contemporaneously filed
`
`with and/or incorporated by reference within the application for the referenced patent or
`
`(f) shares subject matter with such referenced patent.
`
`8.
`
`9.
`
`“Named Inventor(s)” means and includes Fred B. Holt, and/or Virgil E. Bourassa.
`
`“This Case” shall mean the lawsuit(s) filed by Acceleration Bay in the District of
`
`Delaware, C.A. Nos. 15-228 (RGA), 15-282 (RGA), 15-311 (RGA).
`
`10.
`
`“Communication,” “communications,” or “communicated” shall mean and shall
`
`include any oral or written expression, statements, or utterance of any nature whatsoever,
`
`including but not limited to, correspondence, conversations, memoranda, notes, computer or
`
`electronic expressions and statements and telecommunications.
`
`11.
`
`“Documents” shall have the meaning ascribed to that term in Rule 34 of the
`
`Federal Rules of Civil Procedure, and shall also include, without limitation, all writings,
`
`printouts, graphical material, and recordings as defined by Rule 1001 of the Federal Rules of
`
`Evidence, drawings, graphs, charts, photographs, film, audio or video recordings, facsimile
`
`transmissions, computer files, and electronic mail messages, and all data compilations from
`
`
`
`
`2
`
`

`
`Case 1:15-cv-00311-RGA Document 116-1 Filed 04/07/16 Page 7 of 16 PageID #: 3486
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`which information can be obtained, translated, if necessary, through detection devices into
`
`reasonably useable form. “Documents” also includes, without limitation, anything that can be
`
`classified as a “writing,” “original,” or “duplicate. “Documents” also include all drafts, all
`
`attachments to Documents, and all copies of Documents that are not identical duplicates of the
`
`original (for example, because handwriting, marginalia, or notes appear on the duplicate or are
`
`attached to it), whether or not the originals are in Acceleration Bay’s possession, custody or
`
`control.
`
`12.
`
`“Entity” or “entities” include natural persons, proprietorships, partnerships, firms,
`
`private corporations, public corporations, municipal corporations, governments (including
`
`foreign national governments, the government of the United States or any state or local
`
`government), all departments and agencies thereof, and any governmental agencies of any
`
`country, political subdivisions, groups, associations, or organizations.
`
`13.
`
`“Person” or “persons” shall mean any natural person, legal entity, business or
`
`other entities, including but not limited to any corporation, partnership, unincorporated
`
`association, joint venture, sole proprietorship, government agency, business trusts, or any and/or
`
`all other organization or group of individuals; as well as any officer, director, employee, partner,
`
`corporate parent, subsidiary, affiliate, agent, representative, attorney, or principal thereof.
`
`14.
`
`“Thing” or “things” shall mean any tangible object other than a document as
`
`defined herein, and includes objects of every kind and nature.
`
`15.
`
`“Relating to,” “related to” or “concerning” shall mean anything pertaining to,
`
`comprising, evidencing, alluding to, responding to, connected with, commenting on, with respect
`
`to, about, regarding, resulting from, embodying, explaining, supporting, discussing, showing,
`
`
`
`
`3
`
`

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`Case 1:15-cv-00311-RGA Document 116-1 Filed 04/07/16 Page 8 of 16 PageID #: 3487
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`describing, reflecting, analyzing, constituting, setting forth, in respect of, or having any direct or
`
`indirect logical or factual connection with the subject matter in question.
`
`16.
`
`“Including” shall not be construed as limiting any request, and shall mean the
`
`same as “including, but not limited to.”
`
`17.
`
`The use of the term “the” shall not be construed as limiting the scope of any
`
`document request.
`
`18.
`
` “Any” or “each” shall be understood to include and encompass “all;” “or” shall
`
`be understood to encompass “and;” “and” shall be understood to include and encompass “OR.”
`
`19.
`
` “And,” “or,” and “and/or” shall be construed conjunctively or disjunctively as
`
`necessary to make the request inclusive rather than exclusive.
`
`20.
`
`The plural of any word shall be construed as the singular, and vice versa, as
`
`necessary, in order to bring within the scope of these requests any information, documents, or
`
`things that might otherwise be construed to be outside their scope.
`
`
`
`
`
`
`
`
`4
`
`

`
`Case 1:15-cv-00311-RGA Document 116-1 Filed 04/07/16 Page 9 of 16 PageID #: 3488
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`INSTRUCTIONS
`
`1.
`
`You are to search all documents and things within your possession, custody or
`
`control or within the possession, custody or control of your attorneys, accountants, or other
`
`agents or representatives, wherever located, including but not limited to documents and things
`
`placed in storage facilities and documents and things in the possession of any employee, agent,
`
`representative, or person acting or purporting to act on your behalf whether located at his or her
`
`residence(s) and/or place(s) of business(es).
`
`2.
`
`Pursuant to Fed. R. Civ. P. 34(b), you are instructed to produce documents as they
`
`are kept in the usual course of business or the documents shall be organized and labeled to
`
`correspond to the categories for each Request. In addition, documents are to be produced in full
`
`and unexpurgated form; redacted documents will not constitute compliance with a Request.
`
`3.
`
`Different versions of the same documents, handwritten notes or notations in any
`
`form, draft documents and documents with handwritten notations or marks not found in the
`
`original or on other copies are considered to be different documents for the purpose of
`
`production in compliance with these requests, and each form should be produced independently.
`
`4.
`
`Electronic and computerized information must be produced in an intelligible
`
`format or together with a description of the system from which it was derived sufficient to permit
`
`rendering the materials intelligible.
`
`5.
`
`All documents produced in response to these Requests shall be produced in toto
`
`notwithstanding the fact that portions thereof may contain information not requested.
`
`6.
`
`All documents produced in response to these Requests shall be produced along
`
`with any and/or all attachments and/or enclosures as have ever been attached to and/or enclosed
`
`with such documents at any time.
`
`
`
`
`5
`
`

`
`Case 1:15-cv-00311-RGA Document 116-1 Filed 04/07/16 Page 10 of 16 PageID #: 3489
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`7.
`
`Should you deem any responsive document to be privileged or subject to the work
`
`product doctrine, please list and identify each such document to the extent possible and state
`
`information sufficient to permit Defendants to evaluate the privilege or protection asserted,
`
`including author(s); recipient(s); sender(s); date; general subject matter; and the privilege or
`
`protection that is claimed.
`
`8.
`
`These Requests are submitted for the purpose of discovery and are not to be taken
`
`as waiving any objections that may be made at trial to the introduction of evidence on subjects
`
`covered by these Requests or as an admission of the relevance or materiality at trial of any of the
`
`matters covered by these Requests.
`
`9.
`
`Pursuant to Fed. R. Civ. P. 26(e)(2), these Requests shall be deemed continuing so
`
`as to require further and supplemental production by you in the event that you or any person
`
`acting on your behalf, obtains or discovers additional documents or information that may
`
`augment or otherwise modify your responses hereto, between the time of initial production and
`
`the time of any trial in this Case.
`
`
`
`
`
`
`
`
`6
`
`

`
`Case 1:15-cv-00311-RGA Document 116-1 Filed 04/07/16 Page 11 of 16 PageID #: 3490
`
`REQUESTS FOR PRODUCTION
`
`1.
`
`Documents in email accounts including any one of the following search terms:
`
`(a)
`
`Swan
`
`(b)
`
`Boeing
`
`(c) Waggoner
`
`(d)
`
`Daniele
`
`(e)
`
`Caliguri
`
`(f)
`
`Acorn
`
`(g)
`
`Bourassa
`
`(h)
`
`6701344
`
`(i)
`
`(j)
`
`6714966
`
`6732147
`
`(k)
`
`6910069
`
`(l)
`
`6920497
`
`(m)
`
`6829634
`
`(n)
`
`6,701,344
`
`(o)
`
`6,714,966
`
`(p)
`
`6,732,147
`
`(q)
`
`6,910,069
`
`(r)
`
`(s)
`
`(t)
`
`6,920,497
`
`6,829,634
`
`344 w/1 patent
`
`(u)
`
`966 w/1 patent
`
`(v)
`
`147 w/1 patent
`
`(w)
`
`069 w/1 patent
`
`
`
`
`7
`
`

`
`Case 1:15-cv-00311-RGA Document 116-1 Filed 04/07/16 Page 12 of 16 PageID #: 3491
`
`(x)
`
`497 w/1 patent
`
`(y)
`
`634 w/1 patent
`
`(z)
`
`Rehmeier
`
`(aa) Radovsky
`
`(bb) Pastry
`
`(cc) Tapestry
`
`(dd) Panthesis
`
`(ee) DuckUgly
`
`(ff) KramerLevin.com with the date before December 10, 2014
`
`(gg)
`
`“Kramer Levin” with the date before December 10, 2014
`
`(hh) Frankel with the date before December 10, 2014
`
`(ii)
`
`(jj)
`
`Kennedy with the date before December 10, 2014
`
`Kobialka with the date before December 10, 2014
`
`(kk) Simony
`
`(ll)
`
`Hamilton
`
`(mm) Werblowsky
`
`(nn) Rehm with the date before December 10, 2014
`
`(oo) Polsinelli with the date before December 10, 2014
`
`(pp) Ragnar
`
`(qq) Olson
`
`2.
`
`Documents on hard drives or other electronic storage media including any one of
`
`the following search terms:
`
`(a)
`
`Swan
`
`(b)
`
`Boeing
`
`(c) Waggoner
`
`
`
`
`8
`
`

`
`Case 1:15-cv-00311-RGA Document 116-1 Filed 04/07/16 Page 13 of 16 PageID #: 3492
`
`(d)
`
`Daniele
`
`(e)
`
`Caliguri
`
`(f)
`
`Acorn
`
`(g)
`
`Bourassa
`
`(h)
`
`6701344
`
`(i)
`
`(j)
`
`6714966
`
`6732147
`
`(k)
`
`6910069
`
`(l)
`
`6920497
`
`(m)
`
`6829634
`
`(n)
`
`6,701,344
`
`(o)
`
`6,714,966
`
`(p)
`
`6,732,147
`
`(q)
`
`6,910,069
`
`(r)
`
`(s)
`
`(t)
`
`6,920,497
`
`6,829,634
`
`344 w/1 patent
`
`(u)
`
`966 w/1 patent
`
`(v)
`
`147 w/1 patent
`
`(w)
`
`069 w/1 patent
`
`(x)
`
`497 w/1 patent
`
`(y)
`
`634 w/1 patent
`
`(z)
`
`Rehmeier
`
`(aa) Radovsky
`
`(bb) Pastry
`
`
`
`
`9
`
`

`
`Case 1:15-cv-00311-RGA Document 116-1 Filed 04/07/16 Page 14 of 16 PageID #: 3493
`
`(cc) Tapestry
`
`(dd) Panthesis
`
`(ee) DuckUgly
`
`(ff) KramerLevin.com with the date before December 10, 2014
`
`(gg)
`
`“Kramer Levin” with the date before December 10, 2014
`
`(hh) Frankel with the date before December 10, 2014
`
`(ii)
`
`(jj)
`
`Kennedy with the date before December 10, 2014
`
`Kobialka with the date before December 10, 2014
`
`(kk) Simony
`
`(ll)
`
`Hamilton
`
`(mm) Werblowsky
`
`(nn) Rehm with the date before December 10, 2014
`
`(oo) Polsinelli with the date before December 10, 2014
`
`(pp) Ragnar
`
`(qq) Olson
`
`3.
`
`All documents and things relating to any of the Asserted Patents or any Related
`
`Applications.
`
`4.
`
`All documents and things relating communications or agreements with Boeing or
`
`Boeing Intellectual Property Licensing Company relating in any way to the Asserted Patents or
`
`any Related Applications.
`
`5.
`
`All documents and things relating to communications or agreements with the
`
`named inventors (Fred Holt, Virgil Bourassa).
`
`6.
`
`All documents and things relating to communications or agreements with Linda
`
`Magnotti.
`
`
`
`
`10
`
`

`
`Case 1:15-cv-00311-RGA Document 116-1 Filed 04/07/16 Page 15 of 16 PageID #: 3494
`
`7.
`
`All documents and things relating to communications or agreements with any
`
`patent broker including but not limited to Acorn Technologies, Joseph Daniele, Steve Caliguri,
`
`Global IP Law Group LLC or Ragner Olson.
`
`8.
`
`All documents and things relating to communications or agreements with any
`
`buyer or potential buyer of the Asserted Patents or any Related Applications including but not
`
`limited to Open Invention Network, RPX, Google, or Intellectual Ventures.
`
`9.
`
`All documents and things relating to any loan in which any of the Asserted
`
`Patents or any Related Applications was used as collateral.
`
`10.
`
`All documents and things relating to communications or agreements with
`
`Hamilton Capitol, Jack Simony, or Harvey Werblowsky.
`
`11.
`
`All documents and things relating to any due diligence, research, investigation,
`
`and any other efforts to value or price any of the Asserted Patents or any Related Applications,
`
`whether individually or as part of a patent portfolio, and whether by You, Boeing or anyone else.
`
`12.
`
`All documents and things relating to any offers, discussions, communications, and
`
`negotiations (whether or not consummated) to license wholly or in part, cross-license, buy, sell,
`
`loan, assign, or grant a security interest or rights in any of the Asserted Patents or any Related
`
`Applications (whether individually or as part of a patent portfolio).
`
`13.
`
`All documents and things relating to any assignment agreements, purchase
`
`agreements, sales agreements, license agreements, cross-license agreements, security interest
`
`agreements, loan agreements, and covenants not to sue for any of the Asserted Patents or any
`
`Related Applications.
`
`14.
`
`All documents and things relating to any video game company, including any of
`
`the Defendants relating in any way to the Asserted Patents or any Related Applications.
`
`
`
`
`11
`
`

`
`Case 1:15-cv-00311-RGA Document 116-1 Filed 04/07/16 Page 16 of 16 PageID #: 3495
`
`15.
`
`All documents and things relating to any communications, infringement charts,
`
`claim charts, invalidity or validity studies or any documents reflecting an analysis of whether any
`
`of the Asserted Patents are or are not infringed by anyone, including the Defendants.
`
`16.
`
`All documents and things relating to any communications, claim charts, prior art,
`
`invalidity or validity studies or any documents reflecting an analysis of whether any of the
`
`Asserted Patents are or are not valid.
`
`17.
`
`All documents and communications relating to your role, participation, and
`
`contribution in Acceleration Bay’s acquisition of the Asserted Patents and any Related
`
`Applications from Boeing.
`
`18.
`
`All documents and communications with Acceleration Bay, or any of its
`
`principals, agents, or attorneys, including Joe Ward and Kramer Levin Naftalis & Frankel LLP,
`
`that in any way relate to the Asserted Patents or any Related Applications.
`
`19.
`
`All documents related to the formation of Acceleration Bay.
`
`
`
`
`12