Case 1:15-cv-00228-RGA Document 74 Filed 01/26/16 Page 1 of 21 PageID #: 1948
`
`IN THE UNITED STATES DISTRICT COURT
`FOR THE DISTRICT OF DELAWARE
`
`
`
`
`C.A. No. 15-228 (RGA)
`
`)))))))))
`
`ACCELERATION BAY LLC,
`
`
`
`
`
`Plaintiff,
`
`v.
`
`
`
`Defendant.
`
`
`ACTIVISION BLIZZARD, INC.
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`NOTICE OF SUBPOENA
`
`PLEASE TAKE NOTICE that the subpoena attached hereto as Exhibit 1 will be
`
`
`
`
`
`
`
`MORRIS, NICHOLS, ARSHT & TUNNELL LLP
`
`/s/ Stephen J. Kraftschik
`
`
`
`
`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
`
`Attorneys for Defendant
`
`served upon Argyledata, Inc.
`
`
`
`OF COUNSEL:
`
`Michael A. Tomasulo
`David P. Enzminger
`Gino Cheng
`David K. Lin
`WINSTON & STRAWN LLP
`333 South Grand Avenue, 38th Floor
`Los Angeles, CA 90071
`(213) 615-1700
`
`Daniel K. Webb
`WINSTON & STRAWN LLP
`35 West Wacker Drive
`Chicago, IL 60601
`(312) 558-5600
`
`January 26, 2016
`9798550.1
`
`

`
`Case 1:15-cv-00228-RGA Document 74 Filed 01/26/16 Page 2 of 21 PageID #: 1949
`Case 1:15—cv—OO228—RGA Document 74 Filed 01/26/16 Page 2 of 21 Page|D #: 1949
`
`
`
`EXHIBIT 1
`
`EXHIBIT 1
`
`

`
`Case 1:15-cv-00228-RGA Document 74 Filed 01/26/16 Page 3 of 21 PageID #: 1950
`Case 1:15—cv—OO228—RGA Document 74 Filed 01/26/16 Page 3 of 21 Page|D #: 1950
`
`A0 BSA (Rev. 02!] 4) Subpoena to Testify at a Deposition in a Civil Action
`
`UNITED STATES DISTRICT COURT
`for the
`
`District of Delaware
`
`Acceleration Bay LLC.
`Piairrtw"
`v.
`
`Activision Blizzard, |rIc..
`
`Defimdon!
`
`‘I-u_.J\._/Nu./\u.r'\u.n-/\-u.v'
`
`Civil Action No.
`
`15-223
`
`SUBPOENA TO TESTIFY AT A DEPOSITION IN A CIVIL ACTION
`
`To:
`
`ARGYLEDATA, INC., 2755 Campus Drive, Suite 165, San Mateo, CA 94403
`
`(Nameflqfperson to whom fl't.".s' subpoena is directed)
`Ef Testimony.‘ YOU ARE COMMANDED to appear at the time, date, and place set forth below to testify at a
`deposition to be taken in this civil action. If you are an organization, you must designate one or more officers, directors,
`or managing agents, or designate other persons who consent to testify on your behalf about the following matte1's, or
`those set forth in an attachment:
`See Attachment B
`
`Place: Wlnsmn 3‘ Stiaw“ Ll-P
`101 California Street
`San Francisco. CA 94111-584
`
`Date and Time:
`
`.
`03“4;2O16 900 am
`
`The deposition will be recorded by this method:
`
`I3 Prod-ucn'on.' You, or your representatives, must also bring with you to the deposition the following documents,
`electronically stored information, or objects, and must permit inspection, copying, testing, or sampling of the
`material:
`
`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(e) and (g), relating to your duty to
`respond to this subpoena and the potential consequences of not doing so.
`01/26/2016
`01/26/2016
`
`Date:
`
`OR
`
`CLERK OF COURT
`
`ti avid K. Lin
`
`I
`A°tiVi5i?_f]___l?fllZZ3rd:
`The name, address, e-mail address, and telephone number of the attorney representing (name ofparry)
`in‘-'-»
`__
`, who issues or requests this subpoena, are:
`David K. Lin, Winston & Strawn LLP, 333 S. Grand Avenue, Los Angeles, CA 90071-1543, 213-615-1973
`
`Signature ofC1'erk or Deputy Clerk
`
`‘.9 .s'r'g.uat‘w'e
`
`Notice to the person who issues or requests this subpoena
`If this subpoena commands the production of documents, electronically stored information, or tangible things 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).
`
`

`
`Case 1:15-cv-00228-RGA Document 74 Filed 01/26/16 Page 4 of 21 PageID #: 1951
`Case 1:15—cv—OO228—RGA Document 74 Filed 01/26/16 Page 4 of 21 Page|D #: 1951
`
`A0 88A (Rev. 02314) Subpoena to Testify at a Deposition in a Civil Action (Page 2)
`
`Civil Action No. 15323
`
`(Tlrfs section siwidd not be filed wit}: the court unfess reqrtirerl by Fed. R. Civ. P. 45.)
`
`PROOF OF SERVICE
`
`I received this subpoena for (mmie offndfvfdtraf aria’ fir.-'2, rfany)
`
`on (date)
`
`C!
`
`I served the subpoena by delivering a copy to the named individual as follows:
`
`Cl
`
`I returned the subpoena unexecuted because:
`
`on (dare)
`
`; 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
`
`$
`
`My fees are $
`
`for travel and $
`
`for services, for a total of $
`
`0.00
`
`I declare under penalty of perjury that this information is true.
`
`Date:
`
`Server '5 sfgna.":.'re
`
`Primed name and title
`
`Server '3 address
`
`Additional infoimat ion regarding attempted service, etc:.:
`
`

`
`Case 1:15-cv-00228-RGA Document 74 Filed 01/26/16 Page 5 of 21 PageID #: 1952
`Case 1:15—cv—OO228—RGA Document 74 Filed 01/26/16 Page 5 of 21 Page|D #: 1952
`
`A0 SSA (Rev. D2l'l4) Subpoena to Testify at a Deposition ina Civil Action (Page 3)
`
`Federal Rule of Civil Procedure 45 (c), (d), (e), and (g) (Effective 12!1i13)
`
`(:2) Place of Com pliance.
`
`(1) For tr Triat, 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 lrausacts business in person; or
`(B) within the state where the person resides, is employed, or regularly
`lransacts business in person, if the person
`(i) is a party or a paIty’s ciliccr; or
`(ii) is commanded to attend atrial and would not incur substantial
`expense.
`
`(2) For Other Discovery. A subpoena may command:
`(A) production of documents, electronically stored information, or
`tangible things at a place witlu'n 100 miles of where the person resides, is
`employed, or reguiarly transacts business in person; and
`{I3} inspection ofprcmiscs at the premises to be inspected.
`
`(cl) Protecting a Person: Subject to a Subpoena; Enforcerncnt.
`
`(1) Avoiding Undue Burris» or E.\'pense; Sattcriorts. A party or attorney
`responsible for issuing and serving a subpoena must take reasonable steps
`to avoid imposing undue burden or expense on a person subject to the
`subpoena. The court for the district where compliance is required must
`on force this dirty and impose an appropriate sanction—which may include
`lost earnings and reasonable attorney’s fees—on a party or attorney who
`fails to comply.
`
`(2) Conmtami to Prorlace Materials or Permit Inspecriort.
`(A) Appearance Not Required. A person commanded to produce
`documents, electronically stored information, or tangible things, or to
`permit the inspection of premises, need not appear in person at the place of
`production or inspection unless also commanded to appear for a deposition,
`hearing, or trial.
`(B) Objecffotrs. A person commanded to produce doctnnents or tangible
`things or to permit inspection may serve on the pony or attorney designated
`in the subpoena a written objection to inspecting, copying, testing, or
`sampling any or all ofthe materials or to inspecting the pre1nises—or to
`producing electronically stored information in the form or forms requested.
`The objectloil must be served before the earlier of the time specified For
`compliance or I4 days after the subpoena is served. If an objection is made,
`the following rules appty:
`(i) At any time, on notice to the commanded person, the serving party
`may move the court for the district where compliance is required for an
`order compelling production or inspection.
`(ii) These acts may be required only as directed in the order, and the
`order rnust protect a person who is neither a party not a party’s officer from
`significant expense resulting Erom compliance.
`
`(3) Quasi: trig or Morltjfj,-trig a Srtbpoena.
`
`(A) When Reqm'r'ed. On timely motion, the court for the district where
`compliance is required must quash or modify a subpoena that:
`
`(i) fails to atlow a reasonable time to comply:
`(it) requires a person to comply beyond the geographical limits
`specified ilt Rule 4S(c);
`(iii) 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 information; or
`(ii) disclosing an urtrctained cxpert‘s opinion or information that does
`not describe specific occurrences in dispute and results tram the expcrt’s
`study that was not requested by a party.
`(C) Specifying Corrctitions as an vi.-‘re:-ma.-‘ve. la the circunistanocs
`described in Rule 4Std)t3)(B}, the court may, instead of quashing or
`modifying a subpoena, order appearance or production under specified
`conditions if the serving 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.
`
`(c) Duties in Responding to a Subpoena.
`
`(1) Prorirrcirtg Docamems or Electronically Stored Ittforrnarlon. These
`procedures apply to producing documents or electronically stored
`information:
`(A) Docmnenrs. A person responding to a subpoena to produce documents
`must produce them as they are kept in the ordinary course of business or
`must organize and label them to correspond to the categories in the demand.
`(B) Form for P:'oa'ncr'ng EIectr'orrr'calr'y StoredInfor'ura.tr'orr Not Specified.
`If a subpoena does not specify a form for producing electronically stored
`information, the person responding must produce it in a form or forms in
`which it is ordinarily maintained or in a reasonably usable form or forms.
`(C) ElectrorricoliySrorcdIry”or't:rotion Produced in Only One Form. The
`person responding need not produce the same electronically stored
`information in more than one form.
`(D) Irraccessibie Eieco'om‘c(:h'y Stored Inforrrtorrbrr. The person
`responding need not provide discovery of electronically stored information
`from sources that the person identifies as not reasonably accessible because
`of undue burden or cost. On motion to compei discovery or for a protective
`order, the person responding must show that the information is not
`reasonably accessible because of undue burden or cost. If that showing is
`made, the court may nonetheless order discovery froln such sources if the
`requesting party shows good cause, considering the limitations of Rule
`26l_b)(2)(C). The court may specify conditions for the discovery.
`
`(2) Claiming Privilege or Protection.
`(A) Irfomration lfitithctd. A person withholding subpoenaed infonnalion
`under a claim that it is privileged or subject to protection as trial-preparation
`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} itprortrtfttioil Produced. If information produced in response to a
`subpoena is subject to a claim ofprivilcge or of protection as
`trial-preparation material, the person making the claim may notify any party
`that received the information of the claim and the basis for it. After being
`notified, a party must promptly return, sequester, or destroy the specified
`information and any copies it has; must not use or disclose the information
`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
`compliance is required for a determination of the claim. The person who
`produced the information must preserve the information tutti! the claim is
`resolved.
`
`(g) Contempt.
`The court for the district where compliance is requircd—and aiso, alter a
`motion is transferred, the issuing court—may hold in contempt a person
`who, having been served fails without adequate excuse to obey the
`subpoena or an order related to it.
`
`For access to subpoena materials, see Fed. R. Civ. P. 4S{a) Committee Note (20l3).
`
`

`
`Case 1:15-cv-00228-RGA Document 74 Filed 01/26/16 Page 6 of 21 PageID #: 1953
`Case 1:15—cv—OO228—RGA Document 74 Filed 01/26/16 Page 6 of 21 PagelD #: 1953
`
`A0 BBB (Rev. 02:14) Subpoena to Produce Documents, Information, or Objects or to Permit Inspection ofPremises in a Civil Action
`
`
`UNITED STATES DISTRICT COURT
`for the
`
`District of Delaware
`
`Acceleration Bay LLC,
`
`Pfrrfiirtfi‘
`V
`
`Activision Blizzard, lnc., Electronic Arts lnc.,
`Take~Two Interactive Software lnc., et al.
`
`Defiwdrrm‘
`
`\-/\u_/\-/\—/\-—/V-uf
`
`Civil Action NO_
`
`15-228, 15-282, 15-311
`
`SUBPOENA TO PRODUCE DOCUMENTS, INFORMATION, OR OBJECTS
`OR TO PERMIT INSPECTION OF PREMISES IN A CIVIL ACTION
`
`T0;
`
`ARGYLEDATA, INC., 2755 Campus Drive, Suite 165, San Mateo, CA 94403
`
`6 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 Attach ment A
`
`(Name ofperson to whom {Iris subpoena is rfirected)
`
`Place: Winston 8: Straw?! LLP
`101 California Street
`San Francisco, CA 94111-584
`
`Date and Time: _
`
`_
`
`.
`02’22f201_6D'00 am
`
`III Inspecffon of Premises.' 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.
`
`Place:
`
`Date andTime:
`
`1
`
`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(e) and (g), relating to your duty to
`respond to this subpoena and the potential consequences of not doing so.
`01/26/2016
`01/26/2016
`
`Date,
`
`CLERK OF COURT
`
`\\
`
`on
`
`‘Signature ofCI’e.-rk or Deputy Cleric
`
`. /’__,_%)
`
`
`
`
`'
`Jsto ‘a K. Lin
`A rcKwe_is}rr'grrarrrre
`
`The name, address, e-mail address, and telephone number of the attorney representing (name ofparry)
`
`‘ACtiVi5i0F|_§_|EZafd,
`
`Inc., Electronic Arts Inc., Talgg-Two Interactive Software Inc., et al.
`
`, who issues or requests this subpoena, are:
`
`David K. Lin, Winston 8: Strawn LLP, 333 S. Grand Ave Los Angeles, CA 90071-1543, 213-615-1973 d|in@winston.com
`
`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 Inust 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).
`
`

`
`Case 1:15-cv-00228-RGA Document 74 Filed 01/26/16 Page 7 of 21 PageID #: 1954
`Case 1:15—cv—OO228—RGA Document 74 Filed 01/26/16 Page 7 of 21 Page|D #: 1954
`
`A0 88B (Rev. 021']-1} Subpoena to Produce Doculltents, lufonnation, or Objects or to I-’en11it Inspeclion of Premises in «:1 Civil Aclion (Page 2}
`
`civi] Amie“ No_ 15-228, 15-282, 15-311
`
`(Thf.s' sectkm should not befilerf wt't'h the com‘! rrrtless required by Fed. R. Civ. P. 45.)
`
`PROOF OF SERVICE
`
`I received this subpoena for (mmre 0ffndr'w'dtrcfl' nndrme, rfc.-ny,1
`
`on (date)
`
`III
`
`1 served the subpoena by delivering a copy to the named person as follows:
`
`D I retttrned 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
`
`$
`
`My fees are $
`
`for travel and $ .
`
`for services, for a total of $
`
`0.00
`
`I declare under penalty of perjury that this information is true.
`
`Date:
`
`Server ‘.9 s.r'g.mrrw'e
`
`“Pr.-‘med name and title
`
`Server ‘.9 address
`
`Additional infomtation regarding attempted service, ete.:
`
`

`
`Case 1:15-cv-00228-RGA Document 74 Filed 01/26/16 Page 8 of 21 PageID #: 1955
`Case 1:15—cv—OO228—RGA Document 74 Filed 01/26/16 Page 8 of 21 Page|D #: 1955
`
`A0 BBB (Rev. 02t'l4) 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;'1t13)
`
`(0) Place ofContplinnce.
`
`(1) For rt Trial, Hearing, or Deposiflolr. A subpoena may command a
`person to attend a trial, hearing, or deposition only as follows:
`(A) within l0t}1'niles of where 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, it'the person
`(i) is a party or a parly’s officer; or
`{ii} is commanded to attend a trial tllid would not incur substantial
`expense.
`
`{2} For Other Diseovergt-. A subpoena may command:
`(A) production of documents, electronically stored information, or
`tangible things at a place tvlthin 100 miles ofvvhere the person resides, is
`employed. or regtllttrly trausacts business in person; and
`(B) inspection of premises at the premises to be inspected.
`
`(ti) Protecting a Person Subject to u Subpoena; Enforcement.
`
`(1) Avotrtirrg Unrlne Brnvlen or Expense; Sanctions. A party or attorney
`responsible for issuing and serving a subpoena must take reasonable steps
`to avoid imposing undue burden or expense on a person subject to the
`subpoena. The court for the district where compliance is required must
`enforce this duty and impose an appropriate sanction—which may include
`lost earnings and reasonable attorney’s fccs—-—on a party or attorney who
`fails to comply.
`
`(2) Connnomt' to Produce Materials or Permit Inspection.
`(A) Appcrrratrce Not Required. A person conuznauded to produce
`documents, electronically stored in fonnation, or tangible things, or to
`permit the inspection of premises, need not appear in person at the place of
`production or inspection unless also commanded to appear for a deposition,
`hearing, or trial.
`(B) 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 pre1nises—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 14 days alter the subpoena is sewed. lfan objection is made,
`the following rules apply:
`(i) At any time, on notice to the commanded person. the serving party
`may move the court for the district where compliance is required for an
`order compelling production or inspection.
`(ti) These acts may be required only as directed in the order, and the
`order must protect a person who is neither a party not a party’s officer trom
`significant expense resulting from compliance.
`
`(3) Qrroslrtrtg or Morttfying tr Snbpoemr.
`(A) When Reqrnrect 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:
`(ll) requires a person to comply beyond the geographical limits
`specified in Rule 45(c);
`(iii) requires disclosure of privileged or other protected matter. if no
`exception or waiver applies; or
`(iv) subjects a person to undue burden.
`(B) When Pernnrted, 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 cormnercial information; or
`
`(ii) disclosing an nnretaiued expctt’s opinion or information that does
`not describe specific occurrences in dispute and results lion: the expert’s
`study that was not requested by El party.
`(C) .S}uec.fjj=r'ng Conditions or on Alter-iiot:'ve. in the circumstances
`described in Rule 45(d}(3){B), the court may, instead of quashing or
`modifying a subpoena, order appearance or production under specified
`conditions if the serving party:
`(I) shows a substantial need for the testimony or material that cannot be
`otherwise met without undue hardship; and
`(ti) ensures that the subpoenaed person will be reasonably compensated.
`
`(e) Ditties in Responding to a Subpoena.
`
`(1) Prortrtcmg Docttments or El'ectrontcoHy Stored Information. These
`procedures apply to producing documents or elcclronically stored
`information:
`(A) Documents. A person responding to a subpoena to produce documents
`must produce them as they are kept in the ordinary course of business or
`must organize and label them to correspond to the categories in the demand.
`(8) For-infer Producing Et'ectt'om‘oot(v Stored l'ty'ornrott‘o.n Not Specified.
`{Fa subpoena does not specify a form for producing elcctrotiically stored
`information, tlte person responding must produce it in :1 form or Forms in
`which it is ordinarily maintained or in a reasonably usable form or forms.
`{C} El'ectr'otricnl{v Stored lr:fo.r'mrrtr'orr Prodrreert in Only One Form. The
`person responding need not produce the same electronically stored
`information in more titan one form.
`(D) inaccessible Electrorncrrtly Stored t';g,forntcrtton. The person
`responding need not provide discovery of electronically stored information
`from sources that the person identities as not reasonably accessible because
`of undue burden or cost. On motion to compel discovery or for a protective
`order, the person responding must show that the information is not
`reasonably accessible because of undue burden or cost. If that showing is
`made, the court may nonctlteless 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} C‘l'or'ming Prrwtege or Protection.
`(A) Information lVr'n'iheId. A person withholding subpoenaed information
`under a claim that it is privileged or subject to protection as trial-preparation
`material must:
`(i) expressly make the claim; and
`(ti) describe the nature of the withheld documents, cornmunications. or
`tangible things in a manner that, without revealing infomtation itself
`privileged or protected, will enable the parties to assess the claim.
`(B) lnfoririotton Produced. if information produced in response to a
`subpoena is subject to a claim of privilege or of protection as
`trial-preparation material, the person ntaking the claim may notify any party
`that received the information of the claim and the basis for it. Alter being
`notified, a party must promptly retuni, sequester, or destroy the specified
`information a.nd any Copies it has; must not use or disclose the information
`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 infomtation under seal to the court for the district where
`compliance is required for a determination of the claim. The person who
`produced the information must preserve the infonnaticn tutti! the claim is
`resolved.
`
`_
`_
`_
`’
`_
`(g) Contempt.
`The court for the district where compliance is requtretl—nnd also, after it
`motion is transferred, the issuing court—rnay hold in contempt a person
`who, having been served, 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).
`
`

`
`Case 1:15-cv-00228-RGA Document 74 Filed 01/26/16 Page 9 of 21 PageID #: 1956
`Case 1:15—cv—OO228—RGA Document 74 Filed 01/26/16 Page 9 of 21 Page|D #: 1956
`
`ATTACHMENTA
`
`DEFINITIONS
`
`1.
`
`“Defendants” shall mean Activision|Blizzard, lnc., Electronic Arts Inc., Take-
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`Two Interactive Software, Inc., Rockstar Games, Inc., and 2K Sports, Inc., including but not
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`limited to their predecessors, all parent companies, partners, wholly or partially owned
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`subsidiaries, divisions, past or present affiliated corporations, and each of their present and
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`former employees, agents, officers, directors, representatives, consultants, accountants, and
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`attorneys.
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`2.
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`“Acceleration Bay” or “Plaintiff” means and includes Acceleration Bay LLC
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`together with each of its respective departments, divisions, subsidiaries, predecessors, and
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`affiliates, past and present, and all employees, representatives, andfor agents acting or purporting
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`to act on any or all of their respective behalves.
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`3.
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`“You,” “your”, and “Argyle” means you,
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`the recipient of the subpoena and
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`includes Argyle Data,
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`Inc.,
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`together with each of its
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`respective departments, divisions,
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`subsidiaries, predecessors, and affiliates, past and present, and all employees, representatives,
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`andfor agents acting or purporting to act on any or all of their respective behalves.
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`4.
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`“Boeing” means and includes The Boeing Company together with each of its
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`respective departments, divisions, subsidiaries, predecessors, and affiliates, past and present,
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`including Pantliesis, Inc. (“Panthesis”), and all employees, representatives, andfor agents acting
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`or purporting to act on any or all of their respective behalves.
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`5.
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`“Accused Products” shall mean any product or service manufactured, used, sold,
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`offered for sale or imported into the United States by or on behalf of any Defendants that
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`Acceleration Bay alleges infringes the Asserted Patents.
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`

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`Case 1:15-cv-00228-RGA Document 74 Filed 01/26/16 Page 10 of 21 PageID #: 1957
`Case 1:15—cv—OO228—RGA Document 74 Filed 01/26/16 Page 10 of 21 Page|D #: 1957
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`6.
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`“Asserted Patents” shall mean United States Patent Nos. 6,701,344; 6,714,966;
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`6,732,147; 6,829,634; 6,910,069; and 6,920,492.
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`7.
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`The term “Related Application(s)” of a referenced patent or patents means any
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`patent or patent application, filed anywhere in the world, that:
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`(a) is a parent, child, or other
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`ancestral application related in any way to the referenced patent;
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`(b)
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`is a continuation
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`application, continuation-in-palt application, divisional application, file-wrapper continuation,
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`reexamination proceeding, reissue application, provisional application, or abandoned application
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`of such referenced patent or the application that led to such referenced patent; (c) claims priority
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`in whole or in part from such referenced patent or the application that led to such referenced
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`patent; (d) is the basis for a claim of priority in whole or in part (including claims of benefits
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`under 35 U.S.C. §§ 119(e) or 120) for such referenced patent; (e) was contemporaneously filed
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`with andfor incorporated by reference within the application for the referenced patent or (D
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`shares subject matter with such referenced patent.
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`8.
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`9.
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`“Named Inventor(s)” means and includes Fred B. Holt, andfor Virgil E. Bourassa.
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`“This Casefthese Cases” shall mean the lawsuit(s) filed by Acceleration Bay in
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`the District ofDe1aWare, C.A. Nos. 15-228 (RGA), 15-282 (RGA), 15-311 (RGA).
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`10.
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`“Communication,” “communications,” or “communicated” shall mean and shall
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`include any oral or written expression, statements, or utterance of any nature whatsoever,
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`including but not limited to, correspondence, conversations, memoranda, notes, computer or
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`electronic expressions and statements and telecommunications.
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`11.
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`“Documents” shall have the meaning ascribed to that term in Rule 34 of the
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`Federal Rules of Civil Procedure, and shall also include, without
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`limitation, all writings,
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`printouts, graphical material, and recordings as defined by Rule 1001 of the Federal Rules of
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`

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`Case 1:15-cv-00228-RGA Document 74 Filed 01/26/16 Page 11 of 21 PageID #: 1958
`Case 1:15—cv—OO228—RGA Document 74 Filed 01/26/16 Page 11 of 21 Page|D #: 1958
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`Evidence, drawings, graphs, charts, photographs, film, audio or video recordings, facsimile
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`transmissions, computer files, and electronic mail messages, and all data compilations from
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`which information can be obtained, translated, if necessary, through detection devices into
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`reasonably useable form. “Documents” also includes, without limitation, anything that can be
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`classified as a “writing,” “original,” or “duplicate.
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`“Documents” also include all drafts, all
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`attachments to Documents, and all copies of Documents that are not identical duplicates of the
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`original (for example, because handwriting, marginalia, or notes appear on the duplicate or are
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`attached to it), whether or not the originals are in Acceleration Bay’s possession, custody or
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`control.
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`12.
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`“Entity” or “entities” include natural persons, proprietorships, partnerships, firms,
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`private corporations, public corporations, municipal corporations, governments (including
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`foreign national governments,
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`the government of the United States or any state or local
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`government), all depaitments and agencies thereof, and any governmental agencies of any
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`country, political subdivisions, groups, associations, or organizations.
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`13.
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`“Person” or “persons” shall mean any natural person, iegal entity, business or
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`other entities,
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`including but not
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`limited to any corporation, partnership, unincorporated
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`association, joint venture, sole proprietorship, government agency, business trusts, or any andfor
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`all other organization or group of individuals; as well as any officer, di1'ecto1', employee, partner,
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`corporate parent, subsidiary, affiliate, agent, representative, attorney, or principal thereof.
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`14.
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`“Thing” or “things” shall mean any tangible object other than a document as
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`defined herein, and includes objects of every kind and nature.
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`15.
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`“Relating to,” “related to” or “concerning” shall mean anything pertaining to,
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`comprising, evidencing, alluding to, responding to, connected with, commenting on, with respect
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`

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`Case 1:15-cv-00228-RGA Document 74 Filed 01/26/16 Page 12 of 21 PageID #: 1959
`Case 1:15—cv—OO228—RGA Document 74 Filed 01/26/16 Page 12 of 21 Page|D #: 1959
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`to, about, regarding, resulting from, embodying, explaining, supporting, discussing, showing,
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`describing, reflecting, analyzing, constituting, setting forth, in respect of, or having any direct or
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`indirect logical or factual connection with the subject matter in question.
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`16.
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`“Including” shall not be construed as limiting any request, and shall mean the
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`same as “including, but not limited to.”
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`17.
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`The use of the term “the” shall not be construed as limiting the scope of any
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`document request.
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`18.
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`“Any” or “each” shall be understood to include and encompass “all;” “or” shall
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`be understood to encompass “and;” “and” shall be understood to include and encompass “OR.”
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`19.
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`“And,” “or,” and “andfor” shall be construed conjunctively or disjunctively as
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`necessary to make the request inclusive rather than exclusive.
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`20.
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`The plural of any word shall be construed as the singular, and Vice versa, as
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`necessary, in order to bring within the scope of these requests any information, documents, or
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`things that might otherwise be construed to be outside their scope.
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`21.
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`“Incubate,” “incubator,” andfor “incubation” as used herein is used consistent
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`with its plain and ordinary meaning andfor in the same way as it
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`is used on the website:
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`http:ffwww.accelerationbay.comf.
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`

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`Case 1:15-cv-00228-RGA Document 74 Filed 01/26/16 Page 13 of 21 PageID #: 1960
`Case 1:15—cv—OO228—RGA Document 74 Filed 01/26/16 Page 13 of 21 Page|D #: 1960
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`INSTRUCTIONS
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`1.
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`You are to Search all documents and things within your possession, custody 01'
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`control or within the possession, custody or cont1'ol of your attorneys, accountants, or other
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`agents or representatives, wherever located, including but not limited to documents and things
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`placed in storage facilities and documents and things in the possession of any employee, agent,
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`representative, or pe1‘son acting or purporting to act on your behalf whether located at his or her
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`residence(s) andfor place(s) of business(es).
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`2.
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`Pursuant to Fed. R. Civ. P. 34(b), you are instructed to produce documents as they
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`are kept in the usual course of business or the documents shall be organized and labeled to
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`correspond to the categories for each Request. In addition, documents are to be produced in full
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`and unexpurgated form; redacted documents will not constitute compliance with a Request.
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`3.
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`Different versions of the same documents, handwritten notes or notations in any
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`form, drafi documents and documen