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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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`ACCELERATION BAY LLC,
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`Plaintiff,
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`v.
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`ACTIVISION BLIZZARD, INC.
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`Defendant.
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`ACTIVISION’S JOINDER IN MOTION TO DISMISS
`JOINT INFRINGEMENT CLAIMS FILED BY ELECTRONIC ARTS, INC.
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`Plaintiff has filed three substantially identical complaints against different
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`defendants in this Court. In addition to this action, Plaintiff later filed actions against Electronic
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`Arts (C.A. No. 15-282-RGA) and Take Two (C.A. No. 15-311-RGA). On May 4, 2015,
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`Defendant Activision Blizzard, Inc. (“Activision”) moved to dismiss plaintiff’s induced
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`infringement claims in this action. (D.I. 11-12.) Thereafter, on May 13, 2015, the Federal
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`Circuit issued its opinion in Akamai Technologies, Inc. v. Limelight Networks, Inc., No. 2009-
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`1372, 2015 WL 2216261 (Fed. Cir. May 13, 2015), concerning the requirements for a claim of
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`joint infringement. On May 21, 2015, citing Akamai, Electronic Arts moved to dismiss
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`Plaintiff’s claims of joint infringement against it, in addition to its claims for induced
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`infringement.
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`Activision hereby joins in and incorporates by reference Electronic Arts’s motion
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`to dismiss Plaintiff’s claims of joint infringement and its Opening Brief in support thereof. (C.A.
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`No. 15-282-RGA, D.I. 11-12). Specifically, Activision seeks dismissal of Counts III, VI and
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`VIII of Plaintiff’s Amended Complaint, asserting that Activision infringes the method claims of
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`Case 1:15-cv-00228-RGA Document 17 Filed 06/01/15 Page 2 of 3 PageID #: 984
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`U.S. Patent Nos. 6,732,147, 6,910,069 and 6,920,497 based on a theory of joint infringement.
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`(D.I. 7 at ¶¶ 65-66, 96-97 and 117-118).
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`MORRIS, NICHOLS, ARSHT & TUNNELL LLP
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`/s/ Stephen J. Kraftschik
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`Jack B. Blumenfeld (#1014)
`Stephen J. Kraftschik (#5623)
`1201 North Market Street
`P.O. Box 1347
`Wilmington, DE 19899
`(302) 658-9200
`jblumenfeld@mnat.com
`skraftschik@mnat.com
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`Attorneys for Defendant
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`OF COUNSEL:
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`Michael A. Tomasulo
`David P. Enzminger
`Dae Hee Cho
`David K. Lin
`WINSTON & STRAWN LLP
`333 S. Grand Avenue, 38th Floor
`Los Angeles, CA 90071
`(213) 615-1700
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`Daniel K. Webb
`WINSTON & STRAWN LLP
`35 W. Wacker Drive
`Chicago, IL 60601
`(312) 558-5600
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`June 1, 2015
`9185752
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`- 2 -
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`Case 1:15-cv-00228-RGA Document 17 Filed 06/01/15 Page 3 of 3 PageID #: 985
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`CERTIFICATE OF SERVICE
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`I hereby certify that on June 1, 2015, I caused the foregoing to be electronically
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`filed with the Clerk of the Court using CM/ECF, which will send notification of such filing to all
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`registered participants.
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`I further certify that I caused copies of the foregoing document to be served on
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`June 1, 2015, upon the following in the manner indicated:
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`Philip A. Rovner, Esquire
`Jonathan A. Choa, Esquire
`POTTER ANDERSON & CORROON LLP
`1313 North Market Street, 6th Floor
`Wilmington, DE 19801
`Attorneys for Plaintiff
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`Paul J. Andre, Esquire
`Lisa Kobialka, Esquire
`James R. Hannah, Esquire
`KRAMER LEVIN NAFTALIS & FRANKEL LLP
`990 Marsh Road
`Menlo Park, CA 94025
`Attorneys for Plaintiff
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`VIA ELECTRONIC MAIL
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`VIA ELECTRONIC MAIL
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`/s/ Stephen J. Kraftschik
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`Stephen J. Kraftschik (#5623)
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`9185752
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`-1-
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