`
`IN THE UNITED STATES DISTRICT COURT
`FOR THE DISTRICT OF DELAWARE
`
`C.A. No. 15-228 (RGA)
`
`C.A. No. 15-282 (RGA)
`
`C.A. No. 15-311 (RGA)
`
`)))))))))
`
`))))))))) )))))))))))
`
`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.
`
`PLAINTIFF ACCELERATION BAY LLC’S
`MOTION TO COMPEL DAMAGES DISCOVERY
`
`Pursuant to the Court’s Order Appointing Special Master (D.I. 94 in C.A. No. 15-228-
`
`RGA) (“Order”), Plaintiff Acceleration Bay LLC, (“Acceleration Bay”) hereby moves for an
`
`order compelling Defendants in the above captioned actions to provide the following discovery
`
`within ten (10) days: (1) gross and net revenues, costs, expenses, and profits for U.S. and foreign
`
`
`
`Case 1:15-cv-00311-RGA Document 142 Filed 05/27/16 Page 2 of 3 PageID #: 4090
`
`sales broken down by country (all Defendants); (2) disclosure of revenues from the sale of
`
`accused products including online distribution platforms, bundled sales and tokens and
`
`supplemental responses to Common Interrogatory No. 7, which seeks information related to such
`
`revenues (all Defendants); (3) supplemental responses to Common Interrogatory No. 6 regarding
`
`the geographical locations where the components of accused products are manufactured,
`
`developed, and tested (all Defendants); (4) unredacted patent license agreements that relate to the
`
`accused products or Defendants’ multi-player networks (Take-Two only); (5) sales forecasts and
`
`billings information (all Defendants); and (6) financial information in generally accepted
`
`accounting principles (GAAP) format (Activision only).
`
`The grounds for this motion are set forth in Acceleration Bay’s letter brief, which will be
`
`provided to the Special Master pursuant to Paragraph 3 of the Order and the Special Master
`
`Order Relating to Procedures for Resolving Discovery Motions (D.I. 113 in C.A. No. 15-228-
`
`RGA). A telephonic hearing on this motion is scheduled for June 8, 2016 at 1:00 p.m.
`
`Pursuant to D. Del. LR 7.1.1, Acceleration Bay states that it has made reasonable effort to
`
`reach agreement with Defendants on the matters set forth in this motion and has been informed
`
`that Defendants oppose the relief sought.
`
`2
`
`
`
`Case 1:15-cv-00311-RGA Document 142 Filed 05/27/16 Page 3 of 3 PageID #: 4091
`
`POTTER ANDERSON & CORROON LLP
`
`By: /s/ Philip A. Rovner
`Philip A. Rovner (#3215)
`Jonathan A. Choa (#5319)
`Hercules Plaza
`P.O. Box 951
`Wilmington, DE 19899
`(302) 984-6000
`provner@potteranderson.com
`jchoa@potteranderson.com
`
`Attorneys for Plaintiff Acceleration Bay LLC
`
`OF COUNSEL:
`
`Paul J. Andre
`Lisa Kobialka
`James R. Hannah
`Hannah Lee
`KRAMER LEVIN NAFTALIS &
`FRANKEL LLP
`990 Marsh Road
`Menlo Park, CA 94025
`(650) 752-1700
`
`Aaron M. Frankel
`KRAMER LEVIN NAFTALIS &
`FRANKEL LLP
`1177 Avenue of the Americas
`New York, NY 10036
`(212) 715-9100
`
`Dated: May 27, 2016
`1225044
`
`3
`
`
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