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`EXHIBIT A
`
`

`
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`A0 883 (Rev. 02/14) Subpoena to Produce Documents. Information, or Objects or to Permit Inspection of Premises in at Civil Action
`
`
`UNITED STATES DISTRICT COURT
`for the
`
`District of Delaware
`
`.........._.
`
`_..__
`
`_
`
`_
`
`Acceleration Bay LLC,
`._);.)._(;_I;.1_’,Il'[f/_I_.___
`..
`V.
`t
`Activision Blizzard, lnc.
`_______.
`.
`_’g‘............._
`Defendant
`
`T is
`
`-
`
`_
`
`_
`
`)
`)
`)
`)
`)
`)
`
`Civil Action No. 15'228'RGA
`
`SUBPOENA TO PRODUCE DOCUMENTS, INFORMATION, OR OBJECTS
`OR TO PERMIT INSPECTION OF PREMISES IN A CIVIL ACTION
`
`To:
`
`Bungle, lnc.,
`e/0 CT Corporation System, 505 Union Ave SE Ste. 120, Olympia, WA 98501
`
`‘‘‘‘‘‘‘utfiglrle-;)fp6)'S()iiM;;Ii'/701)’! tlni-‘subpoena is di1'ecIe(iI
`
`d Production.’ YOU ARE COMMANDED to produce at the time, date, and place set forth below the following
`documents, electronically stored information, or objects, and to permit inspection, copying, testing, or sampling of the
`material:
`
`See Exhibit A.
`
`’_,
`
`
`
`P1a5}§;E§quTi"é'5ep"6§ifi6"ri‘Soitiiions
`701 Fifth Avenue, Columbia Center,
`Suite 4800, Seattle. WA 78230
`
`" " "i3a{£E%‘"Eind Tnéiez
`
`1/20/16, 9:00 am
`
`D Inspection ofPremz'ses: YOU ARE COMMANDED to permit entry onto the designated premises, land, or
`other property possessed or controlled by you at the time, date, and location set forth below, so that the requesting party
`may inspect, measure, survey, photograph, test, or sample the property or any designated object or operation on it.
`
`i Date and Time:
`l
`
`
`The following provisions of Fed. R, Civ. P. 45 are attached — Rule 45(c), relating to the place of compliance;
`Rule 45(d), relating to your protection as a person subject to a subpoena; and Rule 45(6) and (g), relating to your duty to
`respond to this subpoena and the potential consequences of not doing so.
`
`CLERK OF COURT
`
`OR
`
`ttorneyis signature
`T Signalureyiofalenr/c or Euler?
`
`
`_
`>
`The name, address, e—mail address, and telephone number of the attorney representing (name ofparty)
`Plaintif_f,,Accelergtignfieyigq,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,__
`, who issues or requests this subpoena, are:
`Austin Manes, Kramer Levin, 990 Marsh Rd., Menlo Park, CA 94025 (650) 752—1 700
`
`
`Notice to the person who issues or requests this subpoena
`If this subpoena commands the production of documents, electronically stored information, or tangible things or the
`inspection of premises before trial, a notice and a copy of the subpoena must be served on each party in this case before
`it is served on the person to whom it is directed. Fed. R. Civ. P. 45(a)(4).
`
`

`
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`A0 8813 (Rev. 02/14) Subpoena to Produce Documents, Information, or Objects or to Pennit Inspection ofPremises in a Civil Action (Page 2)
`
`
`Civil Action No. i5‘228‘RGA
`
`(This section should not befiled with the court unless required by Fed. R. Civ. P. 45.)
`
`PROOF OF SERVICE
`
`I received this subpoena for (name ofindividual and title. ifany)
`
`on (date)
`
`C! I sewed the subpoena by delivering a copy to the named person as follows:
`
`E] I returned the subpoena unexecuted because:
`
`on (date)
`
`; or
`
`Unless the subpoena was issued on behalf of the United States, or one of its officers or agents, I have also
`tendered to the witness the fees for one day’s attendance, and the mileage allowed by law, in the amount of
`
`it
`
`My fees are 39
`
`for travel and $
`
`for services, for a total of $
`
`0
`
`I declare under penalty of perjury that this information is true.
`
`Server 's signature
`
`Printed name and title
`
`Server's utldress
`
`Additional information regarding attempted service, etc.:
`
`

`
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`A0 88B (Rev. 02/14) Subpoena to Produce Documents, Information, or Objects or to Permit Inspection of Premises in a Civil Action(Page 3)
`Federal Rule of Civil Procedure 45 (c), (d), (e), and (g) (Effective 12/1/13)
`
`(c) Place of Compliance.
`
`(1) For a Trial, Hearing, or Deposition. A subpoena may command a
`person to attend a trial, hearing, or deposition only as follows:
`(A) within 100 miles ofwhere the person resides, is employed, or
`regularly transacts business in person; or
`(B) within the state where the person resides, is employed, or regularly
`transacts business in person, if the person
`(i) is a party or a party’s officer; or
`(ll) is commanded to attend a trial and would not incur substantial
`expense.
`
`(2) For Other Discovery. A subpoena may commend:
`(A) production ofdocuincnts, electronically stored inforinutioii, or
`tangible tliings at a place within l00 miles of where the person resides, is
`employed, or regularly transacts business in person; and
`(B) inspection of premises at the premises to be inspected.
`
`(d) Protecting a Person Subject to a Subpoena; Enforcement.
`
`(1) Avoiding Undue Burden or Expen.se,- Sanctions. A party or attorney
`responsible for issuing etntlscrving a subpoena must take reasonable steps
`to avoid imposing unrluc burden or expense on a person subject to the
`subpocnn. The court for the district where compliance is required must
`enforce this duty and impose on appropriate 5i1llGll(>ll*-"\\’ill<3llI11¥t)l include
`lost earnings and reasonable attomey’s fees—on R party or attorney who
`fails to comply.
`
`(2) Command to Prorluce Materials or Permit Inspection.
`(A) Appearance Not Required. A person commanded to produce
`documents, electronically stored information, or tangible things, or to
`permit the inspection ofprcmiscs, need not appear in person at the place of
`production or inspection unless also commanded to appear for a deposition,
`hearing, or trial.
`(I3) Objections A person commanded to produce documents or tangible
`things or to permit inspection may serve on the party or attorney designated
`in the subpoena a written objection to inspecting. copying, testing, or
`sampling any or all of the materials or to inspecting the premiscs——or to
`producing electronically stored information in the form or forms requested.
`The objection must be served before the earlier of the time specified for
`compliance or l4 days alter the subpoena is sewed. If an objection is made,
`the following rules apply:
`(l) At any time, on notice to the commanded person, the sewing party
`may move the court for the district where compliance is required for an
`order compelling production or inspection.
`(ll) These acts may be required only as directed in the order, and the
`order must protect a person who is neither a party nor a party’s officer from
`significant expense resulting from compliance.
`
`(3) Qlmslting or Modifying a Subpoena.
`(A) When Required. On timely motion, the court for the district where
`compliance is required must quash or modify a subpoena that:
`(i) fails to allow a reasonable time to comply;
`(ii) requires a person to comply beyond the geographical limits
`specified in Rule 45(0);
`(ill) requires disclosure of privileged or other protected matter, if no
`exception or waiver applies; or
`(iv) subjects a person to undue burden.
`(B) When Permitted. To protect a person subject to or affected by a
`subpoena, the court for the district where compliance is required may, on
`motion, quash or modify the subpoena if it requires:
`(i) disclosing a trade secret or other confidential research,
`development, or commercial infonnation; or
`
`(ii) disclosing an unretained expert’s opinion or informzttioii that does
`not describe specific occurrences in dispute and results from the expert's
`study that was not requested by it party.
`(C) .S‘p’cei[ylng Comlitions as an zl/ternnl/t'e. in the cireumsttinces
`described in Rule 45(Li)(3)(B), the court Dill)’, insieiul oi’ qtiusliing or
`modifying a subpoena, order appearance or production under specified
`conditions if the sewing party:
`(i) shows a substantial need for the testimony or material that cannot be
`otherwise met without undue hardship; and
`(ii) ensures that the subpoenaed person will be reasonably compensated.
`
`(e) Duties in Responding to n Subpoena.
`
`(1) Produeirtg Documents or Electronically Storm’ Information. These
`procedures apply to producing documents or electronically stored
`information:
`(A) Docnmen/s. A person responding to it subpoena to produce documents
`must produce tlicmns they urc kept in the ordimiry course ofbusincss or
`ntiist,orgaiti-zciititl ltibcl them to correspond to the czitcgcricsiti the tleinimtl.
`(B) Foray/hr P:-udtrniztg Iilecimnitxcilly .S'Iortrtl lnjbrmolimi Not Spttci/it'.tl.v
`lfn subpoena does not specify a fonn for producing electronically stored
`iitlbrmutiori, the person responding must protlttcc it in t1 form or fonns in
`which it is ordinarily maintained or in a reasonably usable form or forms.
`(C) Eletzmn/icolly Snired ltytor/nation Proclucetl in Only One For/n. The
`person rcspnmling need not produce the stuns clectrcnieitlly stored
`information in more than one form.
`(D) lllt'1t.‘(.'t.’.\‘.Vlbi£:’ l3It:c:tr'oIn‘c'ttily Storctl Iii/Zmnutioti. The person
`rcspontiing need not provitlc discovery or electronically stored lnfonnuiioii
`li'oin sources that the person icitniiitics us not reasonably accessible because
`ofundne burden or cost. On motion to compel discoveryvor for ll protective
`order, the person responding must show that the information is not
`rcttsontihly accessible because ofunrluc burden or cost. lfthtit showing is
`made, the court may nonetheless order discovery from such sources if the
`requesting party shows good cause, considering the limitations of Rule
`26(b)(2)(C). The court may specify conditions for the discovery.
`
`(2) Claiming Privilege or l’rottrcIimI.
`(A) lnfornm/ion Willilieirl. A person wlthlioltling subpoenaed inforinntion
`under it claim that it is privileged or subject to protection as trinl~prop:irution
`material must:
`(i) expressly make the claim; and
`(ii) describe the nature of the withheld documents, communications, or
`tangible things in a manner that, without revealing information itself
`privileged or protected, will enable the parties to assess the claim.
`(B) Information Produced. If information produced in response to a
`subpoena is subject to it claim of privilege or of protection as
`trial-preparation iiitttciinl, the person making the claim may notify any party
`that received the intbrmiition oi‘the claim and the basis for it. After being
`notified, at party must promptly return, sequester, or destroy the spccilied
`information and any copies it has; must not use or disclose the interruption
`until the claim is resolved; must take reasonable steps to retrieve the
`information if the party disclosed it before being notified; and may promptly
`present the information under seal to the court for the district where
`ccinplituicc is required for it tlclcrtuinntion of tliccltihn. The person who
`produced the informtttion must preserve the iufotruntion until the chitin is
`resolved.
`
`(g) Contempt.
`The court for the district where compliance is required—and also, utter a
`motion is transferred, the issuing court—-«may hold in contempt ti person
`who, having been sewed, fails without adequate excuse to obey the
`subpoena or an order related to it.
`
`For access to subpoena materials, see Fed. R. Civ. P. 45(a) Committee Note (2013).
`
`

`
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`EXHIBIT A
`
`

`
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`ATTACHMENT A
`
`DEFINITIONS
`
`1.
`
`The terms “Plaintiff” and “Acceleration Bay” shall mean Plaintiff Acceleration
`
`Bay LLC, its present and former directors, officers, employees, parent organization(s),
`
`subsidiary organization(s), predecessors in interest, successors in interest, divisions, servants,
`
`agents, attorneys, consultants, partners, associates, investigators, representatives, accountants,
`
`financial advisors, distributors and any other person acting on its behalf, pursuant to its
`
`authority or subject to its control.
`
`2.
`
`The terms “Activision,” and “Defendant” shall mean Defendant Activision
`
`Blizzard, Inc., its present and former directors, officers, employees, parent organization(s),
`
`subsidiary organizati0n(s), predecessors in interest, successors in interest, divisions, servants,
`
`agents, attorneys, consultants, partners, associates, investigators, representatives, accountants,
`
`financial advisors, distributors and any other person acting on its behalf, pursuant to its authority
`
`or subject to its control, including any and all joint ventures or other legal entities of any type
`
`whatsoever in which Activision owns or owned any interest, receives or received any payments
`
`and/or participated or now participates in any manner.
`
`3.
`
`The terms “You,” “Your,” and “Bungie” shall mean Bungie, Inc., its present
`
`and former directors, officers, employees, parent organization(s), subsidiary organization(s),
`
`predecessors in interest, successors in interest, divisions, servants, agents, attorneys, consultants,
`
`partners, associates, investigators, representatives, accountants, financial advisors, distributors
`
`and any other person acting on its behalf, pursuant to its authority or subject to its control,
`
`including any and all joint ventures or other legal entities of any type whatsoever in which You
`
`

`
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`
`own or owned any interest, receives or received any payments and/or participated or now
`
`participates in any manner
`
`4.
`
`The term “Destiny” shall mean all Destiny Games that are developed by
`
`You and published by Activision, including without limitations, all of the content
`
`expansion packs (“Comets”), smaller interstitial downloadable content software releases,
`
`conversions, and any related value-added services or other premium content offered in
`
`connection with the Destiny Game and/or Comets as referenced in the Software and
`
`Publishing and Development Agreement between Bungie, LLC and Activision
`
`Publishing, Inc., effective as of April 16, 2010 at
`
`https://ia801001.us.archive.org/34/items/357988—bungie-activision-contract/3 5798 8-bungie-
`
`activision-contractpdf (the “Agreement”).
`
`5.
`
`The term “MultiPlayer Networks” shall mean networks, software and
`
`hardware used to provide, support or enable peer to peer and/or multiple player functionality
`
`in any Activision products, including Destiny.
`
`6.
`
`The term “’344 Patent” shall mean United States Patent No, 6,701,344 entitled
`
`“Distributed Game Environment,” the application leading to this patent and any related patent
`
`application, including any WIPO, EPO or other foreign counterpart application or patents, any
`
`continuations, continuations in part, divisionals, reissues, reexaminations, extensions or parents
`
`thereof.
`
`7.
`
`The term “’966 Patent” shall mean United States Patent No. 6,714,966 entitled
`
`“Information Delivery Service,” the application leading to this patent and any related patent
`
`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
`
`thereof.
`
`8.
`
`The term “’ 147 Patent” shall mean United States Patent No. 6,732,147 entitled
`
`“Leaving a Broadcast Channel,” the application leading to this patent and any related patent
`
`application, including any WIPO, EPO or other foreign counterpart application or patents, any
`
`continuations, continuations in part, divisionals, reissues, reexaminations, extensions or parents
`
`thereof.
`
`9.
`
`The term “’634 Patent” shall mean United States Patent No. 6,829,634 entitled
`
`“Broadcasting Network,” the application leading to this patent and any related patent
`
`application, including any WIPO, EPO or other foreign counterpart application or patents, any
`
`continuations, continuations in part, divisionals, reissues, reexaminations, extensions or parents
`
`thereof.
`
`10.
`
`The term “’069 Patent” shall mean United States Patent No. 6,910,069 entitled
`
`“Joining a Broadcast Channel,” the application leading to this patent and any related patent
`
`application, including any WIPO, EPO or other foreign counterpart application or patents, any
`
`continuations, continuations in part, divisionals, reissues, reexaminations, extensions or parents
`
`thereof.
`
`11.
`
`The term “’497 Patent” shall mean United States Patent No. 6,920,497 entitled
`
`“Joining a Broadcast Channel,” the application leading to this patent and any related patent
`
`application, including any WIPO, EPO or other foreign counterpart application or patents, any
`
`continuations, continuations in part, divisionals, reissues, reexaminations, extensions or parents
`
`thereof.
`
`

`
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`12.
`
`The term “Patents-in-Suit” refers collectively to the '344 Patent, ‘966 Patent,
`
`‘I47 Patent, ‘634 Patent, ‘069 Patent and '497 Patent.
`
`13.
`
`The term “document” shall mean all “writings” and “recordings” as those
`
`terms are defined in Fed. R. Civ. P. 34(a) and Fed. R. Evid. 1001 as well as any writing or
`
`recording of any type, whether written, printed, transcribed, recorded (mechanically or
`
`electronically) or reproduced by hand, including, but not limited to, all letters,
`
`correspondence, facsimiles, e—;mail, telegrams, transcriptions and records of telephone
`
`conversations, memoranda, notes, records, reports, statements, minutes, communications,
`
`slide presentations, microfilm, microfiche, tape recordings, videotapes, photographs, studies,
`
`policy manuals and statements, books, plans, analyses, computer records, runs, programs,
`
`software and any code(5) necessary to comprehend the same, test plans, test results,
`
`notebooks, diaries, agreements, contracts, purchase orders, invoices, advertisements,
`
`marketing materials, offer letters, beta site testing agreements, third party or joint development
`
`agreements, bills, statements and any other written, printed, typed, recorded or graphic matter,
`
`however produced or recorded, including copies and drafts of same, and any handwritten or
`
`typewritten notes of any kind thereon or attached thereto. The term “document” shall also
`
`include all technical documents, defined as source code, specifications, schematics, flow
`
`charts, artwork, drawing, pictures, pictorial representations, formulas, troubleshooting guides,
`
`service bulletins, technical bulletins, production specification sheets, white papers, operator
`
`manuals, operation manuals, instruction manuals and all other documents sufficient to show
`
`the operation of any aspects or elements of Your products which includes all past and present
`
`releases, revisions, versions and upgrades.
`
`

`
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`14.
`
`15.
`
`The term “thing” shall mean any tangible object, other than a document.
`
`The term “communication” shall mean every manner or method of disclosure,
`
`transfer or exchange of information, whether orally or by document, and whether face to face,
`
`by telephone, mail, e—mail, facsimile, personal delivery or through another medium, including,
`
`but not limited to, discussions, conversations, negotiations, conferences, meetings, speeches,
`
`memoranda, letters, correspondence, notes, statements or questions.
`
`16.
`
`The terms “concerning,” “relating to,” “relate to,” “refer to” and “referring
`
`to” mean alluding to, responding to, connected with, commenting on, in respect of, about,
`
`regarding, discussing, showing, identifying, describing, mentioning, reflecting, analyzing,
`
`comprising, constituting, evidencing, supporting, refuting, contradicting, memorializing,
`
`pertaining to, bearing upon or illuminating the subject matter into which inquiry is made.
`
`17.
`
`The words “and” and “or” shall be construed conjunctively or disjunctively in a
`
`manner making the request inclusive rather than exclusive.
`
`l8.
`
`The singular of any word or phrase shall include the plural of such word or
`
`phrase, and the plural of any word or phrase shall include the singular of such word or phrase.
`
`19.
`
`The term “all” shall mean “any and all” and the term “any” shall mean “any
`
`and all.”
`
`20.
`
`The term “Action” refers to the above-captioned lawsuit filed in the United
`
`States District Court for the District of Delaware, on March 30, 2015, styled Acceleration
`
`Bay LLC v. Activision Blizzard, Ina, Civil Action No. 15-228—RGA.
`
`

`
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`INSTRUCTIONS
`
`1.
`
`Each request contained herein extends to any document or thing in Your
`
`possession, custody or control. A document or thing is deemed to be in Your possession,
`
`custody or control if it is in Your physical custody or the physical custody of any subsidiary,
`
`the physical custody of any of Your attorneys or representatives or the physical custody of any
`
`other person or entity if You or Your representatives (a) own such document or thing in whole
`
`or in part; (b) have a right by contract, statute or otherwise to use, inspect, examine or copy
`
`such document or thing on any terms; (c) have an understanding, express or implied, that You
`
`or Your representatives may use, inspect, examine or copy such document or thing on any
`
`terms; or (d) have, as a practical matter, been able to use, inspect, examine or copy such
`
`document or thing when You or Your representatives sought to do so.
`
`2.
`
`If You object to any part of a request and refuse to produce documents or
`
`things responsive to that part, state Your objection and answer the remaining portion of that
`
`request.
`
`3.
`
`You are to produce entire documents, including attachments, enclosures,
`
`cover letters, memoranda, and appendices.
`
`4.
`
`If You object to any document or thing requested herein on the grounds that the
`
`requested document or thing is privileged in whole or in part, You shall, in a privilege log, set
`
`forth the following information as to the document or thing:
`
`(1),
`
`the date;
`
`(2).
`
`the type of document or thing, e.g. letter or memorandum;
`
`

`
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`(3).
`
`the name and title of the authors if a document and the persons present if
`
`an oral communication;
`
`(4).
`
`the name and title of all recipients;
`
`(5).
`
`the subject matter;
`
`(6).
`
`the number of pages;
`
`(7).
`
`the nature of the privilege claimed and facts upon which You rely to
`
`support the claim of privilege; and
`
`(8).
`
`the number ofthe request to which the document or thing is responsive.
`
`5.
`
`In responding to these requests, identify documents or things You will produce
`
`for inspection and copying in accordance with Fed. R. Civ. P. 34(b).
`
`6.
`
`7.
`
`You shall produce all relevant documents or things from 2009 to the present.
`
`Access to source code shall be made in compliance with the Protective Order
`
`that will be issued in the Action.
`
`RE UESTS FOR PRODUC'I‘ION OF D()CUMEN"I‘S AND THINGS»
`
`
`
`RE UEST FOR l:’RODUC'l‘ION NO. 1:
`
`
`
`
`All communications, things, and documents shared between You and Bungie regarding
`
`Destiny’s MultiPlayer Networks and multiplayer functionality and technology, including
`
`“Crucible” and “Strike” referenced in hit )8://\\’W\V.Cl6Sfll) ‘Ill€"t11116.(30m/
`
`
`
`
`vame/modes, “Tower”
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`functionality and technology referenced in littps://wwwdestinythegamexzom/ganiefmodes,
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`“Vestian Outpost” functionality and technology referenced in
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`https://www.destinythegamecom/expansions/expansion-two.
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`

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`Case 1:15-cv-00228-RGA Document 62-1 Filed 01/07/16 Page 13 of 17 PageID #: 1622
`Case 1:15.—cv—OO228—RGA Document 62-1 Filed 01/07/16 Page 13 of 17 Page|D #: 1622
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`REQUICST FOR l’R()DUC’I‘IOl”~l NO. 2:
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`The current source code for Destiny and the MultiPlayer Networks for each type, version,
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`or model of console, including all updates, patches and/or upgrades that are currently in use or
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`integrated into Destiny.
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`REQUEST I?()R PRODUCTION NO. 3:
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`All reference documentation generated for the source code and APIS of Destiny and the
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`MultiPlayer Networks, such as reference documentation generated with tools such as Natural
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`Docs or Doxygen.
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` )UES’l“ FOR PRODUCTI'()N NO. 4:
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`All functional specifications, flowcharts, architecture diagrams, and design documents
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`relating to Destiny’s MultiPlayer Networks and multiplayer functionality and technology,
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`including “Crucible” and “Strike” referenced in https://www.dcstii1ythegainc.co1;figmue/modes,
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`“Tower” functionality and technology referenced in
`
`l_1_tt_p”§_:/_/_\y\vw.clestiri_ytt_l;_crgameeom/game/modes, “Vestian Outpost” functionality and technology
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`referenced in hit as://www.dest’in the vame.coin/ex aeinslons/ex )ElllSlOn-IWO.
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`REQUEST FOR l’ROI)UCT‘lON N0. 5:
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`All documents, communications, and things concerning any patent or patent application
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`or licensing of patents covering Destiny or the MultiP1ayer Networks, including licenses that
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`You obtained or considered obtaining as well as licenses that You granted or considered
`
`granting.
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`REQUEST FOR PRODUCTION NO. 6:
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`All documents, communications, and things relating to any proposed or actual licensing
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`of any of the Patents-in-Suit.
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`

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`Case 1:15-cv-00228-RGA Document 62-1 Filed 01/07/16 Page 14 of 17 PageID #: 1623
`Case 1:15—cv—OO228—RGA Document 62-1 Filed 01/07/16 Page 14 of 17 Page|D #: 1623
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`RE UEST FOR PRODUCTION NO. 7:
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`
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`Documents sufficient to identify the geographic location(s) where You test and control
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`Destiny and the MultiPlayer Networks.
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`REQ QUEST FOR PRODUCTION NO. 8:
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`Documents sufficient to identify the US and global sales and revenue generated from
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`Destiny for each type, version and model of console from 2009 to the present, including the
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`sales and revenue generated from sales of software, hardware, in—game purchases and
`
`subscription fees.
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`REQUEST FOR PRODUCTION NO. 9:
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`All documents and communications relating to Your first knowledge or awareness of
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`each of the Patents—in-Suit.
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`RE UEST FOR PRODUCTION NO. 1.0:
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`
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`Documents sufficient to identify the [P addresses, geographic locations, owners, and data
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`capacity of all servers for Destiny and the MultiPlayer Networks.
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`REQUEST FOR 1’ROI)UC'1‘ION N0. 11:
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`All documents and communications relating to the multiplayer or multisystem technology
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`implemented in Destiny and the MultiPlayer Networks, including Your efforts to improve the
`
`response speed, scalability, load balancing and robustness of the technology.
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`RE UEST FOR I’ROD'UC'l‘l'()N NO. 12:
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`
`
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`All documents, communications, and things relating to small-world wide area networks
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`(SWAN), including but not limited to software, application program interface manuals, articles,
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`abstracts, publications, product literature, white papers, and specifications.
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`

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`Case 1:15-cv-00228-RGA Document 62-1 Filed 01/07/16 Page 15 of 17 PageID #: 1624
`Case 1:15—cv—OO228—RGA Document 62-1 Filed 01/07/16 Page 15 of 17 Pagel-D #: 1624
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`RE_(_]UEST FOR I”RODUCTl()N N0. 13:
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`All documents related to the “data center operations team” in Paragraph 7A.l5(g) of the
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`Agreement.
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`‘REQU EST FOR PRODUCTION N0. 14:
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`All documents referred to as the “Release Plan” in Paragraph 1A of the Agreement.
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`"lllil UI33S'I’ FOR PRODUCTION N0. 15:
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`
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`All documents referred to as the “Native Release Plan” in Paragraph 2.1 of the
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`Agreement.
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`RE ' UEST FOR l’RODUCTlON N0. 16:
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`
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`
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`All documents that were “subject to review by Activision” as referenced in Paragraph 7.1
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`of the Agreement.
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`RE UPEST FOR PR()DUC'I‘ION N0. 17:
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`
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`All documents related to the development of the Destiny to “AAA status/quality” as
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`referenced in Paragraph 7.1(i) of the Agreement.
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`RE ' UEST FOR PRODUCTION NO. 18:
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`
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`All documents related to “creating or implementing all computer code” for Destiny as
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`referenced in Paragraph 7. 1 (ii) of the Agreement.
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`RE UEST FOR PRODUCTION NO. 19:
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`
`
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`All documents related to “build Verification Testing” for Destiny as referenced in
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`Paragraph 7.1 (vi) of the Agreement.
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`REQUEST FOR PRODUCTION N0. 20:
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`All documents related to “servers for game service” for Destiny as referenced in
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`Paragraph 7.1(xii) of the Agreement.
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`

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`Case 1:15-cv-00228-RGA Document 62-1 Filed 01/07/16 Page 16 of 17 PageID #: 1625
`Case 1:15—cv—OO228—RGA Document 62-1 Filed 01/07/16 Page 16 of 17 Page|D #: 1625
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`RE UEST FOR PRODUCTION NO. 2.1:
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`
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`
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`All documents related to “ongoing support for Products released, including online player
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`support” for Destiny as referenced in Paragraph 7.1(xii) of the Agreement.
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`REA UEST FOR I’RODUC'l‘IC)N NO. 22:
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`
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`All documents provided to Activision regarding “consumer play data” for Destiny as
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`referenced in Paragraph 7.1(xix) of the Agreement.
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`RE UEST ‘FOR PRODUCTION NO. 23:
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`
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`All documents provided to Activision regarding “easter eggs” for Destiny as referenced
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`in Paragraph 7.2 of the Agreement.
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`REQUEST FOR PRODUCTION NO. 24:
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`All documents related to “the development and production of the Products” support for
`
`Destiny that Activision provided to Bungle, as referenced in Paragraph 7A.l of the Agreement.
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`REQUEST FOR l.’R()DUC’l“l0N N0. 25:
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`All documents related to “markets plans and programs” for Destiny as referenced in
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`Paragraph 7A.6 of the Agreement.
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`RE Ul?.S"I‘ FOR PRC)l')iUC'I‘l()N NO. 26:
`
`
`
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`All documents related to Activision “providing customer support” for Destiny as
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`referenced in Paragraph 7A.3 of the Agreement.
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`‘ UES'l”‘1l‘0‘RPRODUCTION NO. 27:
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`
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`All documents related to Activision’s review and approval of “servers and datacenter
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`operations” for Destiny as referenced in Paragraph 7A. 15 of the Agreement.
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`ll
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`

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`Case 1:15-cv-00228-RGA Document 62-1 Filed 01/07/16 Page 17 of 17 PageID #: 1626
`Case 1:15—cv—OO228—RGA Document 62-1 Filed 01/07/16 Page 17 of 17 Page|D #: 1626
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`REQU EST FOR PRODUCTION N0. 28:
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`All documents related to Activision’s review and approval of “alpha and beta support”
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`for Destiny as referenced in Paragraph 7A.15 (g) of the Agreement.
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`R'E§ QUEST FOR PRODUCT EON N0, 29:
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`All documents related to Activision’s review and approval of “user game manuals” for
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`Destiny as referenced in Paragraph 7A.l5(l) of the Agreement.
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`REQUEST FOR PRODUCTION N0. 30:
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`All documents related to Activision’s review and approval of “user game research
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`facilities” for Destiny as referenced in Paragraph 7A.15(a) of the Agreement.
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`REQIIES1‘ FOR PRODUCTION NO. 31:
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`All documents referred to as “Project Reviews” for Destiny as referenced in Paragraph
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`8.2(b) of the Agreement.
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`REQUEST FOR PRODUCTION NO. 32:
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`All documents referred to as “Project Review Deliverables” for Destiny as referenced in
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`Paragraph 8.2(b) of the Agreement.
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`REQUES'l‘ FOR PRODUCTION NO. 33:
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`All documents referred to as the “monthly production report” by Activision’s production
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`representative for Destiny as referenced in Paragraph 8.2(b) ofthe Agreement.