Case 1:15-cv-00311-RGA Document 74-1 Filed 02/11/16 Page 1 of 42 PageID #: 1704
`Case 1:15—cv—OO311—RGA Document 74-1 Filed 02/11/16 Page 1 of 42 Page|D #: 1704
`
`
`
`EXHIBIT 17
`
`EXHIBIT 17
`
`

`
`Case 1:15-cv-00311-RGA Document 74-1 Filed 02/11/16 Page 2 of 42 PageID #: 1705
`
`IN THE UNITED STATES DISTRICT COURT
`FOR THE DISTRICT OF DELAWARE
`
`ACCELERATION BAY LLC, a Delaware )
`Limited Liability Corporation,
`
`C.A. No. 15-228-RGA
`
`DEMAND FOR JURY TRIAL
`
`))
`
`))
`
`))
`
`)
`
`))
`
`)
`
`Plaintiff,
`
`v.
`
`ACTIVISION BLIZZARD, INC.,
`a Delaware Corporation,
`
`Defendant.
`
`PLAINTIFF ACCELERATION BAY LLC’S
`IDENTIFICATION OF ACCUSED PRODUCTS AND PATENTS
`
`Plaintiff Acceleration Bay LLC (“Plaintiff”), by its undersigned counsel, hereby submits
`
`the following disclosures to Defendant Activision Blizzard, Inc. (“Defendant”), pursuant to
`
`Section 1(b) of the Court’s Rule 16 Scheduling Order dated October 29, 2015 (the “Scheduling
`
`Order”).
`
`These disclosures are based on information now reasonably available to Plaintiff and
`
`represent a good faith effort to identify information that Plaintiff reasonably believes to be
`
`required in these disclosures. Plaintiff is continuing to investigate facts, issues, and law relevant
`
`to this action and expressly reserves the right to modify, amend, supplement and/or correct the
`
`information provided in these disclosures as information becomes available.
`
`1.
`
`Accused Products
`
`After a reasonable investigation and based on currently available information, Plaintiff
`
`identifies the following products as the accused products against Defendant including all
`
`expansions, expacs, updates, patches, and continuations of: World of Warcraft, Destiny, Call of
`
`Duty: Advanced Warfare and Call of Duty: Black Ops III, including all of the backend network
`
`

`
`Case 1:15-cv-00311-RGA Document 74-1 Filed 02/11/16 Page 3 of 42 PageID #: 1706
`
`architecture for these products. Plaintiff does not waive the attorney-client privilege, attorney
`
`work product privilege, or any other privileges in connection with the information provided
`
`herein. Plaintiff will supplement this section to add other games as accused products as the
`
`relevant information become available. Plaintiff reserves the right to seek discovery from and
`
`relating to such other games as they become known.
`
`2.
`
`Asserted Patents
`
`After a reasonable investigation and based on currently available information, Plaintiff
`
`identifies the following patents below as the asserted patents that Defendant infringes: U.S.
`
`Patent No. 6,701,344; U.S. Patent No. 6,714,966; U.S. Patent No 6,732,147; U.S. Patent No.
`
`6,829,634; U.S. Patent No. 6,910,069; and U.S. Patent No. 6,920,497. Separately and pursuant
`
`to Section 1(b) of the Scheduling Order, Plaintiff will produce the file history for each asserted
`
`patent.
`
`OF COUNSEL:
`
`Paul J. Andre
`Lisa Kobialka
`James R. Hannah
`KRAMER LEVIN NAFTALIS &
`FRANKEL LLP
`990 Marsh Road
`Menlo Park, CA 94025
`(650) 752-1700
`
`Dated: November 2, 2015
`1208112
`
`POTTER ANDERSON & CORROON LLP
`
`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
`
`Attorneys for Plaintiff Acceleration Bay LLC
`
`- 2 -
`
`

`
`Case 1:15-cv-00311-RGA Document 74-1 Filed 02/11/16 Page 4 of 42 PageID #: 1707
`
`CERTIFICATE OF SERVICE
`
`I, Philip A. Rovner, hereby certify that, prior to 6 p.m. on November 2, 2015,
`
`2015, the within document was served on the following counsel as indicated:
`
`BY E-MAIL
`
`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
`
`Co-counsel for Defendants
`
`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
`skaftschik@mnat.com
`
`Attorneys for Defendants
`
`Daniel K. Webb, Esq.
`Winston & Strawn LLP
`35 W. Wacker Drive
`Chicago, IL 60601
`dwebb@winston.com
`
`Co-counsel for Defendants
`
`/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
`
`- 3 -
`
`

`
`Case 1:15-cv-00311-RGA Document 74-1 Filed 02/11/16 Page 5 of 42 PageID #: 1708
`
`IN THE UNITED STATES DISTRICT COURT
`FOR THE DISTRICT OF DELAWARE
`
`ACCELERATION BAY LLC, a Delaware )
`Limited Liability Corporation,
`
`C.A. No. 15-282-RGA
`
`DEMAND FOR JURY TRIAL
`
`))
`
`))
`
`))
`
`)
`
`))
`
`)
`
`Plaintiff,
`
`v.
`
`ELECTRONIC ARTS INC.,
`a Delaware Corporation,
`
`Defendant.
`
`PLAINTIFF ACCELERATION BAY LLC’S
`IDENTIFICATION OF ACCUSED PRODUCTS AND PATENTS
`
`Plaintiff Acceleration Bay LLC (“Plaintiff”), by its undersigned counsel, hereby submits
`
`the following disclosures to Defendant Electronic Arts, Inc. (“Defendant”), pursuant to Section
`
`1(b) of the Court’s Rule 16 Scheduling Order dated October 29, 2015 (the “Scheduling Order”).
`
`These disclosures are based on information now reasonably available to Plaintiff and
`
`represent a good faith effort to identify information that Plaintiff reasonably believes to be
`
`required in these disclosures. Plaintiff is continuing to investigate facts, issues, and law relevant
`
`to this action and expressly reserves the right to modify, amend, supplement and/or correct the
`
`information provided in these disclosures as information becomes available.
`
`1.
`
`Accused Products
`
`After a reasonable investigation and based on currently available information, Plaintiff
`
`identifies the following products as the accused products against Defendant including all
`
`expansions, expacs, updates, patches, and continuations of: FIFA 15, FIFA 16, NHL 15, NHL
`
`16, Tiger Woods PGA Tour 14, Rory McIlroy PGA Tour, Crysis 3, Plants v. Zombies: Garden
`
`Warfare, including all of the backend network architecture for these products. Plaintiff does not
`
`

`
`Case 1:15-cv-00311-RGA Document 74-1 Filed 02/11/16 Page 6 of 42 PageID #: 1709
`
`waive the attorney-client privilege, attorney work product privilege, or any other privileges in
`
`connection with the information provided herein. Plaintiff will supplement this section to add
`
`other games as accused products as the relevant information become available. Plaintiff reserves
`
`the right to seek discovery from and relating to such other games as they become known.
`
`2.
`
`Asserted Patents
`
`After a reasonable investigation and based on currently available information, Plaintiff
`
`identifies the following patents below as the asserted patents that Defendant infringes: U.S.
`
`Patent No. 6,701,344; U.S. Patent No. 6,714,966; U.S. Patent No 6,732,147; U.S. Patent No.
`
`6,829,634; U.S. Patent No. 6,910,069; and U.S. Patent No. 6,920,497. Separately and pursuant
`
`to Section 1(b) of the Scheduling Order, Plaintiff will produce the file history for each asserted
`
`patent.
`
`OF COUNSEL:
`
`Paul J. Andre
`Lisa Kobialka
`James R. Hannah
`KRAMER LEVIN NAFTALIS &
`FRANKEL LLP
`990 Marsh Road
`Menlo Park, CA 94025
`(650) 752-1700
`
`Dated: November 2, 2015
`1208111
`
`POTTER ANDERSON & CORROON LLP
`
`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
`
`Attorneys for Plaintiff Acceleration Bay LLC
`
`- 2 -
`
`

`
`Case 1:15-cv-00311-RGA Document 74-1 Filed 02/11/16 Page 7 of 42 PageID #: 1710
`
`CERTIFICATE OF SERVICE
`
`I, Philip A. Rovner, hereby certify that, prior to 6 p.m. on November 2, 2015,
`
`2015, the within document was served on the following counsel as indicated:
`
`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
`skaftschik@mnat.com
`
`Attorneys for Defendants
`
`Daniel K. Webb, Esq.
`Winston & Strawn LLP
`35 W. Wacker Drive
`Chicago, IL 60601
`dwebb@winston.com
`
`Co-counsel for Defendants
`
`BY E-MAIL
`
`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
`
`Co-counsel for Defendants
`
`/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
`
`- 3 -
`
`

`
`Case 1:15-cv-00311-RGA Document 74-1 Filed 02/11/16 Page 8 of 42 PageID #: 1711
`
`IN THE UNITED STATES DISTRICT COURT
`FOR THE DISTRICT OF DELAWARE
`
`Civil Action No. 15-311-RGA
`
`DEMAND FOR JURY TRIAL
`
`)
`
`))
`
`))
`
`))
`
`)
`)
`
`))
`
`)
`
`ACCELERATION BAY LLC, a Delaware
`Limited Liability Corporation,
`
`Plaintiff,
`
`v.
`
`TAKE-TWO INTERACTIVE SOFTWARE,
`INC., ROCKSTAR GAMES, INC., and 2K
`SPORTS, INC., Delaware Corporations,
`
`Defendants.
`
`PLAINTIFF ACCELERATION BAY LLC’S
`IDENTIFICATION OF ACCUSED PRODUCTS AND PATENTS
`
`Plaintiff Acceleration Bay LLC (“Plaintiff”), by its undersigned counsel, hereby submits
`
`the following disclosures to Defendants Take-Two Interactive Software, Inc., Rockstar Games,
`
`Inc., and 2K Sports, Inc. (“Defendants”), pursuant to Section 1(b) of the Court’s Rule 16
`
`Scheduling Order dated October 29, 2015 (the “Scheduling Order”).
`
`These disclosures are based on information now reasonably available to Plaintiff and
`
`represent a good faith effort to identify information that Plaintiff reasonably believes to be
`
`required in these disclosures. Plaintiff is continuing to investigate facts, issues, and law relevant
`
`to this action and expressly reserves the right to modify, amend, supplement and/or correct the
`
`information provided in these disclosures as information becomes available.
`
`1.
`
`Accused Products
`
`After a reasonable investigation and based on currently available information, Plaintiff
`
`identifies the following products as the accused products against Defendants including all
`
`expansions, expacs, updates, patches, and continuations of: Grand Theft Auto V, Grand Theft
`
`

`
`Case 1:15-cv-00311-RGA Document 74-1 Filed 02/11/16 Page 9 of 42 PageID #: 1712
`
`Auto Online, NBA 2K15 and NBA 2K16, including all of the backend network architecture for
`
`these products. Plaintiff does not waive the attorney-client privilege, attorney work product
`
`privilege, or any other privileges in connection with the information provided herein. Plaintiff
`
`will supplement this section to add other games as accused products as the relevant information
`
`become available. Plaintiff reserves the right to seek discovery from and relating to such other
`
`games as they become known.
`
`2.
`
`Asserted Patents
`
`After a reasonable investigation and based on currently available information, Plaintiff
`
`identifies the following patents below as the asserted patents that Defendants infringe: U.S.
`
`Patent No. 6,701,344; U.S. Patent No. 6,714,966; U.S. Patent No 6,732,147; U.S. Patent No.
`
`6,829,634; U.S. Patent No. 6,910,069; and U.S. Patent No. 6,920,497. Separately and pursuant
`
`to Section 1(b) of the Scheduling Order, Plaintiff will produce the file history for each asserted
`
`patent.
`
`OF COUNSEL:
`
`Paul J. Andre
`Lisa Kobialka
`James R. Hannah
`KRAMER LEVIN NAFTALIS
`& FRANKEL LLP
`990 Marsh Road
`Menlo Park, CA 94025
`(650) 752-1700
`
`Dated: November 2, 2015
`1208109
`
`POTTER ANDERSON & CORROON LLP
`
`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
`
`Attorneys for Plaintiff Acceleration Bay LLC
`
`- 2 -
`
`

`
`Case 1:15-cv-00311-RGA Document 74-1 Filed 02/11/16 Page 10 of 42 PageID #: 1713
`
`CERTIFICATE OF SERVICE
`
`I, Philip A. Rovner, hereby certify that, prior to 6 p.m. on November 2, 2015,
`
`2015, the within document was served on the following counsel as indicated:
`
`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
`skaftschik@mnat.com
`
`Attorneys for Defendants
`
`Daniel K. Webb, Esq.
`Winston & Strawn LLP
`35 W. Wacker Drive
`Chicago, IL 60601
`dwebb@winston.com
`
`Co-counsel for Defendants
`
`BY E-MAIL
`
`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
`
`Co-counsel for Defendants
`
`/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
`
`- 3 -
`
`

`
`Case 1:15-cv-00311-RGA Document 74-1 Filed 02/11/16 Page 11 of 42 PageID #: 1714
`Case 1:15—cv—OO311—RGA Document 74-1 Filed 02/11/16 Page 11 of 42 Page|D #: 1714
`
`
`
`EXHIBIT 18
`
`EXHIBIT 18
`
`
`
`

`
`
`
`Case 1:15-cv-00228-RGA Document 59 Filed 01/05/16 Page 1 of 10 PageID #: 1562Case 1:15-cv-00311-RGA Document 74-1 Filed 02/11/16 Page 12 of 42 PageID #: 1715
`
`IN THE UNITED STATES DISTRICT COURT
`
`FOR THE DISTRICT OF DELAWARE
`
`ACCELERATION BAY LLC, a Delaware )
`Limited Liability Corporation,
`
`)
`
`))
`
`)
`
`Plaintiff,
`
`v.
`
`ACTIVISION BLIZZARD, INC.,
`a Delaware Corporation,
`
`Defendant.
`
`C.A. No. 15-228-RGA
`
`DEMAND FOR JURY TRIAL
`
`))
`
`))
`
`))
`
`PLAINTIFF ACCELERATION BAY LLC'S NOTICE OF
`30(b)(6) DEPOSITION OF DEFENDANT ACTIVISION BLIZZARD, INC.
`
`PLEASE TAKE NOTICE that pursuant to Rule 30(b)(6) of the Federal Rules of Civil
`
`Procedure, Plaintiff Acceleration Bay LLC will take, by and through its attorneys, the deposition
`
`of Defendant Activision Blizzard, Inc.
`
`The deposition will commence at 9:00 am on January 26, 2016 at the offices of Kramer
`
`Levin Naftalis & Frankel LLP at 990 Marsh Road, Menlo Park, CA 94025, or at such other time
`
`and place as counsel may mutually agree. The deposition will take place in accordance with the
`
`Federal Rules of Civil Procedure and the Local Rules of the United States District Court for the
`
`District of Delaware, and under oath and before a notary public or other officer authorized to
`
`administer oaths under law. The deposition will be recorded by stenographic and/or audio-and-
`
`videographic means, and will continue from day to day until completed.
`
`PLEASE TAKE FURTHER NOTICE that, pursuant to Rule 30(b)(6), Defendant shall
`
`designate one or more officers, directors, managing agents or other persons who are most
`
`knowledgeable concerning each of the topics set forth below. In addition, Defendant is
`
`requested to provide Plaintiff’s counsel with written notice, at least one week in advance of the
`
`

`
`
`
`Case 1:15-cv-00228-RGA Document 59 Filed 01/05/16 Page 2 of 10 PageID #: 1563Case 1:15-cv-00311-RGA Document 74-1 Filed 02/11/16 Page 13 of 42 PageID #: 1716
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`deposition, of the name and employment position of each designee who will testify on behalf of
`
`Defendant, and the topics set forth below as to which each designee has agreed to testify.
`
`DEFINITIONS AND INSTRUCTIONS
`
`1.
`
`If any request, instruction or definition is ambiguous or unclear to you, you are
`
`requested to contact the undersigned counsel for clarification as soon as possible to avoid
`
`unnecessary delays in discovery.
`
`2.
`
`The terms “Defendant,” “Activision Blizzard, Inc.,” “Activision,” “You,” or
`
`“Your” mean Defendant Activision Blizzard, Inc. and shall include its predecessors, successors,
`
`affiliates, subsidiaries, divisions, parents, assignees, joint ventures, and each other person
`
`directly or indirectly, wholly or in part, owned or controlled by it, and all present or former
`
`partners, principals, employees, officers, agents, legal representatives, consultants or other
`
`persons acting or purporting to act on its behalf.
`
`3.
`
`The terms “Plaintiff” or “Acceleration Bay” mean Plaintiff Acceleration Bay LLC
`
`and shall include its predecessors, successors, affiliates, subsidiaries, divisions, parents,
`
`assignees, joint ventures, and each other person directly or indirectly, wholly or in part, owned or
`
`controlled by it, and all present or former partners, principals, employees, officers, directors,
`
`agents, legal representatives, consultants or other persons acting or purporting to act on its
`
`behalf.
`
`4.
`
`The term “Accused Products” shall mean World of Warcraft (“WoW”),
`
`Destiny and Call of Duty: Advanced Warfare (“CoD”), by way of reference and not
`
`limitation, as those products, services, and technologies are described in paragraphs 28-38
`
`of the Complaint, and also includes all accused products identified according to the
`
`schedule set forth in the Scheduling Order of the case. The term shall include all current,
`
`2
`
`

`
`
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`Case 1:15-cv-00228-RGA Document 59 Filed 01/05/16 Page 3 of 10 PageID #: 1564Case 1:15-cv-00311-RGA Document 74-1 Filed 02/11/16 Page 14 of 42 PageID #: 1717
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`previous and currently contemplated versions, releases, or continuations of the afore-
`
`mentioned products.
`
`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 the Accused Products.
`
`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
`
`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
`
`3
`
`

`
`
`
`Case 1:15-cv-00228-RGA Document 59 Filed 01/05/16 Page 4 of 10 PageID #: 1565Case 1:15-cv-00311-RGA Document 74-1 Filed 02/11/16 Page 15 of 42 PageID #: 1718
`
`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.
`
`12.
`
`The term “Patents-in-Suit” refers collectively to the '344 Patent, ‘966 Patent,
`
`‘147 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(s)
`
`necessary to comprehend the same, test plans, test results, notebooks, diaries, agreements,
`
`4
`
`

`
`
`
`Case 1:15-cv-00228-RGA Document 59 Filed 01/05/16 Page 5 of 10 PageID #: 1566Case 1:15-cv-00311-RGA Document 74-1 Filed 02/11/16 Page 16 of 42 PageID #: 1719
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`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.
`
`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.
`
`5
`
`

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`
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`18.
`
`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 11, 2015, styled Acceleration Bay
`
`LLC v. Activision Blizzard, Inc., Civil Action No. 15-228-RGA.
`
`21.
`
`The term “Complaint” refers to the First Amended Complaint filed by
`
`Acceleration Bay in the Action, D.I. No. 7, and any subsequently filed complaint in the Action.
`
`22.
`
`The term “third party” means any person or entity other than Acceleration Bay or
`
`Activision.
`
`TOPICS PURSUANT TO FED. R. CIV. P. 30(b)(6)
`
`1.
`
`The design, structure, research, development, operation, features, testing and
`
`functionality of each of the Accused Products, including each program, feature and application
`
`of the Accused Products.
`
`2.
`
`The identity of the entities and individuals who developed the Accused Products,
`
`including any person who developed any network used by You or in connection with the
`
`Accused Products.
`
`3.
`
`The topology, protocols, design, structure, research, development, operation,
`
`features, testing and functionality of any peer-to-peer network used by You or in connection with
`
`the Accused Products.
`
`4.
`
`The topology, protocols, design, structure, research, development, operation,
`
`features, testing and functionality of any network that allows servers to communicate with each
`
`6
`
`

`
`
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`
`other, servers to communicate with clients, or clients to communicate with each other used by
`
`You or in connection with the Accused Products.
`
`5.
`
`The topology, protocols, design, structure, research, development, operation,
`
`features, testing and functionality of networks that allows for flooding used by You or in
`
`connection with the Accused Products.
`
`6.
`
`The design, structure, research, development, operation, features, testing and
`
`functionality of the MultiPlayer Networks.
`
`7.
`
`The identity of the entities and individuals who developed the MultiPlayer
`
`Networks, multiplayer functionality and multiple server communication networks used with each
`
`of the Accused Products.
`
`8.
`
`When multiplayer functionality was added to each of the Accused Products and
`
`the evolution and development of that multiplayer functionality.
`
`9.
`
`The technical aspects of and process for adding and dropping a player to a
`
`MultiPlayer Network for each of the Accused Products.
`
`10.
`
`The technical aspects of and process for adding and dropping a server to a
`
`multiple server network for each of the Accused Products.
`
`11.
`
`The network structure and topology for the MultiPlayer Networks and multiple
`
`server networks for each of the Accused Products, including (i) the minimum and maximum
`
`number of participants, (ii) the minimum and maximum number of other participants with whom
`
`a participant can directly communicate, (iii) if the network is regular, (iv) if the network is a non-
`
`complete graph, (v) if messages exchanged between participants are numbered so that data
`
`received out of order can be queued and rearranged, (vi) the use of servers or computers to
`
`7
`
`

`
`
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`
`facilitate communication between participants, and (vii) the technical aspects of and process of
`
`identifying and selecting communication ports for communication between participants.
`
`12.
`
`The identity, location and ownership of each server, client or computer used to
`
`host, facilitate or provide the MultiPlayer Networks or multiple server networks for each
`
`Accused Product.
`
`13.
`
`The identity, location and ownership of any third parties, and relationship of those
`
`third parties to You, that participate or have any role in the manufacture, sale, offer for sale of
`
`the Accused Products, including any components, parts, subscriptions, add-on or features of such
`
`Accused Products.
`
`14.
`
`The manner in which You organize the source code for each of the Accused
`
`Products, MultiPlayer Networks and multiple server networks.
`
`15.
`
`The identities and organization of the components or modules of source code of
`
`the Accused Products, MultiPlayer Networks and multiple server networks.
`
`16.
`
`Shared or common portions of source code between different the Accused
`
`Products, MultiPlayer Networks and multiple server networks.
`
`17.
`
`Revisions or updates of the features or functionalities relating to multiplayer
`
`functionality in each of the Accused Products and MultiPlayer Networks since the first version
`
`was released.
`
`18.
`
`The differences in functionality or features relating to multiplayer functionality
`
`between different versions of each of the Accused Products and MultiPlayer Networks.
`
`19.
`
`Changes made to the source code between different versions of each of the
`
`Accused Products, MultiPlayer Networks and multiple server networks.
`
`8
`
`

`
`
`
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`
`20.
`
`Your document, electronic information, and data storage retention policies,
`
`including policies regarding retention of source code.
`
`21.
`
`22.
`
`Your first awareness of the Asserted Patents.
`
`Your first awareness of Boeing’s SWAN technology, including any discussions
`
`between You and Boeing regarding licensing SWAN technology.
`
`23.
`
`Your communications mentioning Plaintiff, the Asserted Patents or Boeing’s
`
`SWAN technology.
`
`24.
`
`Product manuals, guides, customer support and other assistance provided by You
`
`to assist customers and users of the Accused Products to operate multiplayer functionality for the
`
`Accused Products.
`
`OF COUNSEL:
`
`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
`
`Dated: January 5, 2016
`
`1213205
`
`POTTER ANDERSON & CORROON LLP
`
`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
`
`Attorneys for Plaintiff Acceleration Bay LLC
`
`9
`
`

`
`
`
`Case 1:15-cv-00228-RGA Document 59 Filed 01/05/16 Page 10 of 10 PageID #: 1571Case 1:15-cv-00311-RGA Document 74-1 Filed 02/11/16 Page 21 of 42 PageID #: 1724
`
`CERTIFICATE OF SERVICE
`
`I hereby certify that, on January 5, 2016, the within document was served on the
`
`following counsel in the manner indicated below:
`
`BY EMAIL
`
`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
`
`Attorneys for Defendant
`
`BY E-MAIL
`
`Daniel K. Webb, Esq.
`Winston & Strawn LLP
`35 W. Wacker Drive
`Chicago, IL 60601
`dwebb@winston.com
`
`Co-counsel for Defendant
`
`BY E-MAIL
`
`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
`
`Co-counsel for Defendant
`
`/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
`
`10
`
`

`
`
`
`Case 1:15-cv-00282-RGA Document 53 Filed 01/05/16 Page 1 of 10 PageID #: 1246Case 1:15-cv-00311-RGA Document 74-1 Filed 02/11/16 Page 22 of 42 PageID #: 1725
`
`IN THE UNITED STATES DISTRICT COURT
`
`FOR THE DISTRICT OF DELAWARE
`
`ACCELERATION BAY LLC, a Delaware )
`Limited Liability Corporation,
`
`)
`
`))
`
`)
`
`Plaintiff,
`
`v.
`
`ELECTRONIC ARTS INC.,
`a Delaware Corporation,
`
`Defendant.
`
`C.A. No. 15-282-RGA
`
`DEMAND FOR JURY TRIAL
`
`))
`
`))
`
`))
`
`PLAINTIFF ACCELERATION BAY LLC'S NOTICE OF
`30(b)(6) DEPOSITION OF DEFENDANT ELECTRONIC ARTS INC.
`
`PLEASE TAKE NOTICE that pursuant to Rule 30(b)(6) of the Federal Rules of Civil
`
`Procedure, Plaintiff Acceleration Bay LLC will take, by and through its attorneys, the deposition
`
`of Defendant Electronic Arts Inc.
`
`The deposition will commence at 9:00 am on January 19, 2016 at the offices of Kramer
`
`Levin Naftalis & Frankel LLP at 990 Marsh Road, Menlo Park, CA 94025, or at such other time
`
`and place as counsel may mutually agree. The deposition will take place in accordance with the
`
`Federal Rules of Civil Procedure and the Local Rules of the United States District Court for the
`
`District of Delaware, and under oath and before a notary public or other officer authorized to
`
`administer oaths under law. The deposition will be recorded by stenographic and/or audio-and-
`
`videographic means, and will continue from day to day until completed.
`
`PLEASE TAKE FURTHER NOTICE that, pursuant to Rule 30(b)(6), Defendant shall
`
`designate one or more officers, directors, managing agents or other persons who are most
`
`knowledgeable concerning each of the topics set forth below. In addition, Defendant is
`
`requested to provide Plaintiff’s counsel with written notice, at least one week in advance of the
`
`

`
`
`
`Case 1:15-cv-00282-RGA Document 53 Filed 01/05/16 Page 2 of 10 PageID #: 1247Case 1:15-cv-00311-RGA Document 74-1 Filed 02/11/16 Page 2