`
`M O R R I S , N I C H O L S , A R S H T & T U N N E L L L L P
`1201 NORTH MARKET STREET
`P.O. BOX 1347
`WILMINGTON, DELAWARE 19899-1347
`
`(302) 658-9200
`(302) 658-3989 FAX
`
`JACK B. BLUMENFELD
`(302) 351-9291
`(302) 425-3012 FAX
`jblumenfeld@mnat.com
`
`
`May 16, 2017
`CONFIDENTIAL- FILED UNDER SEAL
`
`VIA ELECTRONIC FILING
`
`
`
`The Honorable Richard G. Andrews
`United States District Judge
` For the District of Delaware
`844 North King Street
`Wilmington, DE 19801
`Re: Acceleration Bay LLC v. Activision Blizzard, Inc., et al, 15-228, 15-282, 15-311-RGA
`Dear Judge Andrews:
`I write in response to Plaintiff’s letter of yesterday. Far from being “inapposite,”
`Diamond Coating demonstrates that Boeing did not transfer ownership of the patents-in suit to
`Acceleration Bay. In Diamond Coating, the Federal Circuit held that a “Patent Assignment and
`Transfer Agreement” that purported to transfer title nevertheless failed to do so based on only
`two factors: (1) whether the transferee had received “the exclusive right to make, use, and sell”
`and (2) “the nature and scope of the patentee’s retained right to sue accused infringers and
`license the patent.” Diamond Coating Techs., LLC v. Hyundai Motor Am., No. 2015-1844, 2016
`WL 2865704, at *3 (Fed. Cir. May 17, 2016).
`
`
`
`
` D.I.
`102-1, Ex. A, § 4.3(b). The same two factors that “resolve[d] the issue” in Diamond Coating
`here confirm that Acceleration Bay is “not a ‘patentee’ under 35 U.S.C. § 281.” 2016 WL
`2865704, at *3, 4. And, as set forth in the briefs on Defendants’ Motion to Dismiss, there are a
`number of additional reasons as well.
`
`
`
`
`
`Respectfully,
`
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`JBB/dlw
`cc:
`Clerk of the Court (Via Hand Delivery)
`
`All Counsel of Record (Via Electronic Mail)
`
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`
`/s/ Jack B. Blumenfeld
`
`Jack B. Blumenfeld (#1014)
`
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