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`IN THE UNITED STATES DISTRICT COURT
`FOR THE DISTRICT OF DELAWARE
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`C.A. No. 15-228 (RGA)
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`C.A. No. 15-282 (RGA)
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`C.A. No. 15-311 (RGA)
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`)))))))))
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`))))))))) )))))))))))
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`ACCELERATION BAY LLC,
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`Plaintiff,
`
`v.
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`ACTIVISION BLIZZARD, INC.,
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`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.
`
`DECLARATION OF LISA KOBIALKA IN SUPPORT OF PLAINTIFF
`ACCELERATION BAY LLC’S OPPOSITION TO DEFENDANTS’
`MOTION FOR ATTORNEYS’ FEES
`
`
`
`Case 1:15-cv-00311-RGA Document 159 Filed 08/04/16 Page 2 of 3 PageID #: 4824
`
`I, Lisa Kobialka, declare as follows:
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`1.
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`I 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”). I have personal knowledge
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`of the facts stated herein and can testify competently to those facts. I make this declaration in
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`support of Acceleration Bay’s Opposition to Defendants’ Motion For Attorneys’ Fees.
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`2.
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`Each of the Defendants separately filed Complaints for Declaratory Judgment on
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`June 16, 2016 in the Northern District of California against Acceleration Bay, seeking
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`declarations that they do not infringe the patents Acceleration Bay asserted in these actions.
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`Defendants filed these Complaints during the period for Acceleration Bay to cure standing and
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`before the Court dismissed these actions on June 20, 2016. In their declaratory judgment actions,
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`Defendants continue to assert the same non-infringement defenses they asserted in these cases.
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`3.
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`Defendants continue to pursue petitions for inter partes review of the patents
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`Acceleration Bay asserted in these actions.
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`4.
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`Attached hereto as Exhibit 1 is a true and correct copy of the Patent Trial and
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`Appeal Board’s (“PTAB’s”) Order recorded as Paper 14 in eBay, Inc. v. Advanced Auctions
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`LLC, IPR2014-00806.
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`5.
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`Attached hereto as Exhibit 2 is a true and correct copy of the PTAB’s Order
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`recorded as Paper 12 in Apple Inc. v. Rensselaer Polytechnic Institute, IPR2014-00319.
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`6.
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`Attached hereto as Exhibit 3 is a true and correct copy of an Order dated July 19,
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`2016 in Advanced Video Techs. v. HTC Corp., Nos. 1:11 Civ. 06604-CM (S.D.N.Y.).
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`
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`Case 1:15-cv-00311-RGA Document 159 Filed 08/04/16 Page 3 of 3 PageID #: 4825
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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 August 4, 2016 in Menlo Park, California.
`
`By:
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`/s/ Lisa Kobialka
`Lisa Kobialka
`
`2
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`