Case 1:15-cv-00228-RGA Document 59 Filed 01/05/16 Page 1 of 10 PageID #: 1562
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`IN THE UNITED STATES DISTRICT COURT
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`FOR THE DISTRICT OF DELAWARE
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`ACCELERATION BAY LLC, a Delaware )
`Limited Liability Corporation,
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`))
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`Plaintiff,
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`v.
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`ACTIVISION BLIZZARD, INC.,
`a Delaware Corporation,
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`Defendant.
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`C.A. No. 15-228-RGA
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`DEMAND FOR JURY TRIAL
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`PLAINTIFF ACCELERATION BAY LLC'S NOTICE OF
`30(b)(6) DEPOSITION OF DEFENDANT ACTIVISION BLIZZARD, INC.
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`PLEASE TAKE NOTICE that pursuant to Rule 30(b)(6) of the Federal Rules of Civil
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`Procedure, Plaintiff Acceleration Bay LLC will take, by and through its attorneys, the deposition
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`of Defendant Activision Blizzard, Inc.
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`The deposition will commence at 9:00 am on January 26, 2016 at the offices of Kramer
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`Levin Naftalis & Frankel LLP at 990 Marsh Road, Menlo Park, CA 94025, or at such other time
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`and place as counsel may mutually agree. The deposition will take place in accordance with the
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`Federal Rules of Civil Procedure and the Local Rules of the United States District Court for the
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`District of Delaware, and under oath and before a notary public or other officer authorized to
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`administer oaths under law. The deposition will be recorded by stenographic and/or audio-and-
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`videographic means, and will continue from day to day until completed.
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`PLEASE TAKE FURTHER NOTICE that, pursuant to Rule 30(b)(6), Defendant shall
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`designate one or more officers, directors, managing agents or other persons who are most
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`knowledgeable concerning each of the topics set forth below. In addition, Defendant is
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`requested to provide Plaintiff’s counsel with written notice, at least one week in advance of the
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`Case 1:15-cv-00228-RGA Document 59 Filed 01/05/16 Page 2 of 10 PageID #: 1563
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`deposition, of the name and employment position of each designee who will testify on behalf of
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`Defendant, and the topics set forth below as to which each designee has agreed to testify.
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`DEFINITIONS AND INSTRUCTIONS
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`1.
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`If any request, instruction or definition is ambiguous or unclear to you, you are
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`requested to contact the undersigned counsel for clarification as soon as possible to avoid
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`unnecessary delays in discovery.
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`2.
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`The terms “Defendant,” “Activision Blizzard, Inc.,” “Activision,” “You,” or
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`“Your” mean Defendant Activision Blizzard, Inc. and shall include its predecessors, successors,
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`affiliates, subsidiaries, divisions, parents, assignees, joint ventures, and each other person
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`directly or indirectly, wholly or in part, owned or controlled by it, and all present or former
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`partners, principals, employees, officers, agents, legal representatives, consultants or other
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`persons acting or purporting to act on its behalf.
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`3.
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`The terms “Plaintiff” or “Acceleration Bay” mean Plaintiff Acceleration Bay LLC
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`and shall include its predecessors, successors, affiliates, subsidiaries, divisions, parents,
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`assignees, joint ventures, and each other person directly or indirectly, wholly or in part, owned or
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`controlled by it, and all present or former partners, principals, employees, officers, directors,
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`agents, legal representatives, consultants or other persons acting or purporting to act on its
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`behalf.
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`4.
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`The term “Accused Products” shall mean World of Warcraft (“WoW”),
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`Destiny and Call of Duty: Advanced Warfare (“CoD”), by way of reference and not
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`limitation, as those products, services, and technologies are described in paragraphs 28-38
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`of the Complaint, and also includes all accused products identified according to the
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`schedule set forth in the Scheduling Order of the case. The term shall include all current,
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`Case 1:15-cv-00228-RGA Document 59 Filed 01/05/16 Page 3 of 10 PageID #: 1564
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`previous and currently contemplated versions, releases, or continuations of the afore-
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`mentioned products.
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`5.
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`The term “MultiPlayer Networks” shall mean networks, software and
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`hardware used to provide, support or enable peer to peer and/or multiple player functionality
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`in the Accused Products.
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`6.
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`The term “’344 Patent” shall mean United States Patent No. 6,701,344 entitled
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`“Distributed Game Environment,” the application leading to this patent and any related patent
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`application, including any WIPO, EPO or other foreign counterpart application or patents, any
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`continuations, continuations in part, divisionals, reissues, reexaminations, extensions or parents
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`thereof.
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`7.
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`The term “’966 Patent” shall mean United States Patent No. 6,714,966 entitled
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`“Information Delivery Service,” the application leading to this patent and any related patent
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`application, including any WIPO, EPO or other foreign counterpart application or patents, any
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`continuations, continuations in part, divisionals, reissues, reexaminations, extensions or parents
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`thereof.
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`8.
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`The term “’147 Patent” shall mean United States Patent No. 6,732,147 entitled
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`“Leaving a Broadcast Channel,” the application leading to this patent and any related patent
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`application, including any WIPO, EPO or other foreign counterpart application or patents, any
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`continuations, continuations in part, divisionals, reissues, reexaminations, extensions or parents
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`thereof.
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`9.
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`The term “’634 Patent” shall mean United States Patent No. 6,829,634 entitled
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`“Broadcasting Network,” the application leading to this patent and any related patent
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`application, including any WIPO, EPO or other foreign counterpart application or patents, any
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`Case 1:15-cv-00228-RGA Document 59 Filed 01/05/16 Page 4 of 10 PageID #: 1565
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`continuations, continuations in part, divisionals, reissues, reexaminations, extensions or parents
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`thereof.
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`10.
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`The term “’069 Patent” shall mean United States Patent No. 6,910,069 entitled
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`“Joining a Broadcast Channel,” the application leading to this patent and any related patent
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`application, including any WIPO, EPO or other foreign counterpart application or patents, any
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`continuations, continuations in part, divisionals, reissues, reexaminations, extensions or parents
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`thereof.
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`11.
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`The term “’497 Patent” shall mean United States Patent No. 6,920,497 entitled
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`“Joining a Broadcast Channel,” the application leading to this patent and any related patent
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`application, including any WIPO, EPO or other foreign counterpart application or patents, any
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`continuations, continuations in part, divisionals, reissues, reexaminations, extensions or parents
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`thereof.
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`12.
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`The term “Patents-in-Suit” refers collectively to the '344 Patent, ‘966 Patent,
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`‘147 Patent, ‘634 Patent, ‘069 Patent and '497 Patent.
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`13.
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`The term “document” shall mean all “writings” and “recordings” as those
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`terms are defined in Fed. R. Civ. P. 34(a) and Fed. R. Evid. 1001 as well as any writing or
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`recording of any type, whether written, printed, transcribed, recorded (mechanically or
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`electronically) or reproduced by hand, including, but not limited to, all letters, correspondence,
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`facsimiles, e-mail, telegrams, transcriptions and records of telephone conversations,
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`memoranda, notes, records, reports, statements, minutes, communications, slide presentations,
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`microfilm, microfiche, tape recordings, videotapes, photographs, studies, policy manuals and
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`statements, books, plans, analyses, computer records, runs, programs, software and any code(s)
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`necessary to comprehend the same, test plans, test results, notebooks, diaries, agreements,
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`Case 1:15-cv-00228-RGA Document 59 Filed 01/05/16 Page 5 of 10 PageID #: 1566
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`contracts, purchase orders, invoices, advertisements, marketing materials, offer letters, beta site
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`testing agreements, third party or joint development agreements, bills, statements and any other
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`written, printed, typed, recorded or graphic matter, however produced or recorded, including
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`copies and drafts of same, and any handwritten or typewritten notes of any kind thereon or
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`attached thereto. The term “document” shall also include all technical documents, defined as
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`source code, specifications, schematics, flow charts, artwork, drawing, pictures, pictorial
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`representations, formulas, troubleshooting guides, service bulletins, technical bulletins,
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`production specification sheets, white papers, operator manuals, operation manuals, instruction
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`manuals and all other documents sufficient to show the operation of any aspects or elements of
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`Your products which includes all past and present releases, revisions, versions and upgrades.
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`14.
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`15.
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`The term “thing” shall mean any tangible object, other than a document.
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`The term “communication” shall mean every manner or method of disclosure,
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`transfer or exchange of information, whether orally or by document, and whether face to face, by
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`telephone, mail, e-mail, facsimile, personal delivery or through another medium, including, but
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`not limited to, discussions, conversations, negotiations, conferences, meetings, speeches,
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`memoranda, letters, correspondence, notes, statements or questions.
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`16.
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`The terms “concerning,” “relating to,” “relate to,” “refer to” and “referring to”
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`mean alluding to, responding to, connected with, commenting on, in respect of, about, regarding,
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`discussing, showing, identifying, describing, mentioning, reflecting, analyzing, comprising,
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`constituting, evidencing, supporting, refuting, contradicting, memorializing, pertaining to,
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`bearing upon or illuminating the subject matter into which inquiry is made.
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`17.
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`The words “and” and “or” shall be construed conjunctively or disjunctively in a
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`manner making the request inclusive rather than exclusive.
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`18.
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`The singular of any word or phrase shall include the plural of such word or
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`phrase, and the plural of any word or phrase shall include the singular of such word or phrase.
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`19.
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`The term “all” shall mean “any and all” and the term “any” shall mean “any and
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`all.”
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`20.
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`The term “Action” refers to the above-captioned lawsuit filed in the United
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`States District Court for the District of Delaware, on March 11, 2015, styled Acceleration Bay
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`LLC v. Activision Blizzard, Inc., Civil Action No. 15-228-RGA.
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`21.
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`The term “Complaint” refers to the First Amended Complaint filed by
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`Acceleration Bay in the Action, D.I. No. 7, and any subsequently filed complaint in the Action.
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`22.
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`The term “third party” means any person or entity other than Acceleration Bay or
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`Activision.
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`TOPICS PURSUANT TO FED. R. CIV. P. 30(b)(6)
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`1.
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`The design, structure, research, development, operation, features, testing and
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`functionality of each of the Accused Products, including each program, feature and application
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`of the Accused Products.
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`2.
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`The identity of the entities and individuals who developed the Accused Products,
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`including any person who developed any network used by You or in connection with the
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`Accused Products.
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`3.
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`The topology, protocols, design, structure, research, development, operation,
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`features, testing and functionality of any peer-to-peer network used by You or in connection with
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`the Accused Products.
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`4.
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`The topology, protocols, design, structure, research, development, operation,
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`features, testing and functionality of any network that allows servers to communicate with each
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`Case 1:15-cv-00228-RGA Document 59 Filed 01/05/16 Page 7 of 10 PageID #: 1568
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`other, servers to communicate with clients, or clients to communicate with each other used by
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`You or in connection with the Accused Products.
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`5.
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`The topology, protocols, design, structure, research, development, operation,
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`features, testing and functionality of networks that allows for flooding used by You or in
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`connection with the Accused Products.
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`6.
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`The design, structure, research, development, operation, features, testing and
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`functionality of the MultiPlayer Networks.
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`7.
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`The identity of the entities and individuals who developed the MultiPlayer
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`Networks, multiplayer functionality and multiple server communication networks used with each
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`of the Accused Products.
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`8.
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`When multiplayer functionality was added to each of the Accused Products and
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`the evolution and development of that multiplayer functionality.
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`9.
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`The technical aspects of and process for adding and dropping a player to a
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`MultiPlayer Network for each of the Accused Products.
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`10.
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`The technical aspects of and process for adding and dropping a server to a
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`multiple server network for each of the Accused Products.
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`11.
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`The network structure and topology for the MultiPlayer Networks and multiple
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`server networks for each of the Accused Products, including (i) the minimum and maximum
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`number of participants, (ii) the minimum and maximum number of other participants with whom
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`a participant can directly communicate, (iii) if the network is regular, (iv) if the network is a non-
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`complete graph, (v) if messages exchanged between participants are numbered so that data
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`received out of order can be queued and rearranged, (vi) the use of servers or computers to
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`Case 1:15-cv-00228-RGA Document 59 Filed 01/05/16 Page 8 of 10 PageID #: 1569
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`facilitate communication between participants, and (vii) the technical aspects of and process of
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`identifying and selecting communication ports for communication between participants.
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`12.
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`The identity, location and ownership of each server, client or computer used to
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`host, facilitate or provide the MultiPlayer Networks or multiple server networks for each
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`Accused Product.
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`13.
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`The identity, location and ownership of any third parties, and relationship of those
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`third parties to You, that participate or have any role in the manufacture, sale, offer for sale of
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`the Accused Products, including any components, parts, subscriptions, add-on or features of such
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`Accused Products.
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`14.
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`The manner in which You organize the source code for each of the Accused
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`Products, MultiPlayer Networks and multiple server networks.
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`15.
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`The identities and organization of the components or modules of source code of
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`the Accused Products, MultiPlayer Networks and multiple server networks.
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`16.
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`Shared or common portions of source code between different the Accused
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`Products, MultiPlayer Networks and multiple server networks.
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`17.
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`Revisions or updates of the features or functionalities relating to multiplayer
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`functionality in each of the Accused Products and MultiPlayer Networks since the first version
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`was released.
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`18.
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`The differences in functionality or features relating to multiplayer functionality
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`between different versions of each of the Accused Products and MultiPlayer Networks.
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`19.
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`Changes made to the source code between different versions of each of the
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`Accused Products, MultiPlayer Networks and multiple server networks.
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`Case 1:15-cv-00228-RGA Document 59 Filed 01/05/16 Page 9 of 10 PageID #: 1570
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`20.
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`Your document, electronic information, and data storage retention policies,
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`including policies regarding retention of source code.
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`21.
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`22.
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`Your first awareness of the Asserted Patents.
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`Your first awareness of Boeing’s SWAN technology, including any discussions
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`between You and Boeing regarding licensing SWAN technology.
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`23.
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`Your communications mentioning Plaintiff, the Asserted Patents or Boeing’s
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`SWAN technology.
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`24.
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`Product manuals, guides, customer support and other assistance provided by You
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`to assist customers and users of the Accused Products to operate multiplayer functionality for the
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`Accused Products.
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`OF COUNSEL:
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`Paul J. Andre
`Lisa Kobialka
`James R. Hannah
`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
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`Dated: January 5, 2016
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`1213205
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`POTTER ANDERSON & CORROON LLP
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`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
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`Attorneys for Plaintiff Acceleration Bay LLC
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`Case 1:15-cv-00228-RGA Document 59 Filed 01/05/16 Page 10 of 10 PageID #: 1571
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`CERTIFICATE OF SERVICE
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`I hereby certify that, on January 5, 2016, the within document was served on the
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`following counsel in the manner indicated below:
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`BY EMAIL
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`Jack B. Blumenfeld, Esq.
`Stephen J. Kraftschik, Esq.
`Morris, Nichols, Arsht & Tunnell LLP
`1201 N. Market Street
`P.O. Box 1347
`Wilmington, DE 19899
`jblumenfeld@mnat.com
`skraftschik@mnat.com
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`Attorneys for Defendant
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`BY E-MAIL
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`Daniel K. Webb, Esq.
`Winston & Strawn LLP
`35 W. Wacker Drive
`Chicago, IL 60601
`dwebb@winston.com
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`Co-counsel for Defendant
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`BY E-MAIL
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`Michael A. Tomasulo, Esq.
`David P. Enzminger, Esq.
`David K. Lin, Esq.
`Gino Cheng, Esq.
`Winston & Strawn LLP
`333 S. Grand Avenue
`Los Angeles, CA 90071
`mtomasulo@winston.com
`denzminger@winston.com
`dlin@winston.com
`gcheng@winston.com
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`Co-counsel for Defendant
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`/s/ Philip A. Rovner
`Philip A. Rovner (#3215)
`Potter Anderson & Corroon LLP
`Hercules Plaza
`P. O. Box 951
`Wilmington, DE 19899
`(302) 984-6000
`provner@potteranderson.com
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