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`Case 1:15—cv—OO311—RGA Document 81-1 Filed 02/17/16 Page 1 of 59 Page|D #: 1930
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`DX1
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`DX1
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`Case 1:15-cv-00228-RGA Document 59 Filed 01/05/16 Page 1 of 10 PageID #: 1562Case 1:15-cv-00311-RGA Document 81-1 Filed 02/17/16 Page 2 of 59 PageID #: 1931
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`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
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`

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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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`

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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 81-1 Filed 02/17/16 Page 4 of 59 PageID #: 1933
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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
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`

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`Case 1:15-cv-00228-RGA Document 59 Filed 01/05/16 Page 4 of 10 PageID #: 1565Case 1:15-cv-00311-RGA Document 81-1 Filed 02/17/16 Page 5 of 59 PageID #: 1934
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`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
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`

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`
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`Case 1:15-cv-00228-RGA Document 59 Filed 01/05/16 Page 5 of 10 PageID #: 1566Case 1:15-cv-00311-RGA Document 81-1 Filed 02/17/16 Page 6 of 59 PageID #: 1935
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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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`
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`Case 1:15-cv-00228-RGA Document 59 Filed 01/05/16 Page 6 of 10 PageID #: 1567Case 1:15-cv-00311-RGA Document 81-1 Filed 02/17/16 Page 7 of 59 PageID #: 1936
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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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`

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`
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`Case 1:15-cv-00228-RGA Document 59 Filed 01/05/16 Page 7 of 10 PageID #: 1568Case 1:15-cv-00311-RGA Document 81-1 Filed 02/17/16 Page 8 of 59 PageID #: 1937
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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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`Case 1:15-cv-00228-RGA Document 59 Filed 01/05/16 Page 8 of 10 PageID #: 1569Case 1:15-cv-00311-RGA Document 81-1 Filed 02/17/16 Page 9 of 59 PageID #: 1938
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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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`

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`
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`Case 1:15-cv-00228-RGA Document 59 Filed 01/05/16 Page 9 of 10 PageID #: 1570Case 1:15-cv-00311-RGA Document 81-1 Filed 02/17/16 Page 10 of 59 PageID #: 1939
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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
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`

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`
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`Case 1:15-cv-00228-RGA Document 59 Filed 01/05/16 Page 10 of 10 PageID #: 1571Case 1:15-cv-00311-RGA Document 81-1 Filed 02/17/16 Page 11 of 59 PageID #: 1940
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`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
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`

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`Case 1:15-cv-00311-RGA Document 81-1 Filed 02/17/16 Page 12 of 59 PageID #: 1941
`Case 1:15—cv—OO311—RGA Document 81-1 Filed 02/17/16 Page 12 of 59 Page|D #: 1941
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`DX2
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`DX2
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`Case 1:15-cv-00311-RGA Document 81-1 Filed 02/17/16 Page 13 of 59 PageID #: 1942
`Case 1:15—cv—OO311—RGA Document 81-1 Filed 02/17/16 Page 13 of 59 Page|D #: 1942
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`
`EXHIBIT REDACTED
`IN ITS ENTIRETY
`
`EXHIBIT REDACTED
`
`IN ITS ENTIRETY
`
`

`
`Case 1:15-cv-00311-RGA Document 81-1 Filed 02/17/16 Page 14 of 59 PageID #: 1943
`Case 1:15—cv—OO311—RGA Document 81-1 Filed 02/17/16 Page 14 of 59 Page|D #: 1943
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`DX3
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`DX3
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`Case 1:15-cv-00311-RGA Document 81-1 Filed 02/17/16 Page 15 of 59 PageID #: 1944
`Case 1:15—cv—OO311—RGA Document 81-1 Filed 02/17/16 Page 15 of 59 Page|D #: 1944
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`
`EXHIBIT REDACTED
`IN ITS ENTIRETY
`
`EXHIBIT REDACTED
`
`IN ITS ENTIRETY
`
`

`
`Case 1:15-cv-00311-RGA Document 81-1 Filed 02/17/16 Page 16 of 59 PageID #: 1945
`Case 1:15—cv—OO311—RGA Document 81-1 Filed 02/17/16 Page 16 of 59 Page|D #: 1945
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`DX4
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`DX4
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`Case 1:15-cv-00311-RGA Document 81-1 Filed 02/17/16 Page 17 of 59 PageID #: 1946
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`IN THE UNITED STATES DISTRICT COURT
`FOR THE DISTRICT OF DELAWARE
`
`C.A. No. 15-228 (RGA)
`
`C.A. No. 15-282 (RGA)
`
`C.A. No. 15-311 (RGA)
`
`)))))))))
`
`))))))))))))))))))))
`
`ACCELERATION BAY LLC,
`
`Plaintiff,
`
`v.
`
`ACTIVISION BLIZZARD, INC.
`
`Defendant.
`ACCELERATION BAY LLC,
`
`Plaintiff,
`
`v.
`
`ELECTRONIC ARTS INC.,
`
`Defendant.
`ACCELERATION BAY LLC,
`
`Plaintiff,
`
`v.
`
`TAKE-TWO INTERACTIVE SOFTWARE,
`INC., ROCKSTAR GAMES, INC. and
`2K SPORTS, INC.,
`
`Defendants.
`
`PLAINTIFF ACCELERATION BAY LLC’S THIRD SET OF COMMON
`INTERROGATORIES TO DEFENDANTS (NOS. 10-11)
`
`Plaintiff Acceleration Bay LLC by counsel, and pursuant to Fed. R. Civ. P. 33 and Local
`
`Rule 5.4, requests that Defendants Activision Blizzard, Inc., Electronic Arts Inc., Take-Two
`
`Interactive Software, Inc., Rockstar Games, Inc. and 2K Sports, Inc., serve sworn answers to
`
`

`
`Case 1:15-cv-00311-RGA Document 81-1 Filed 02/17/16 Page 18 of 59 PageID #: 1947
`
`the following Common Interrogatories within 30 days of the service of these Common
`
`Interrogatories at the offices of Kramer Levin Naftalis & Frankel LLP, 990 Marsh Road, Menlo
`
`Park, California, 94025, in accordance with the following Definitions and Instructions. These
`
`Interrogatories impose a continuing duty upon Defendant to promptly serve supplemental
`
`responses in accordance with Fed. R. Civ. P. 26(e).
`
`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 “You,” “Your” and “Defendants” shall mean the Defendants in
`
`above referenced matters, Activision Blizzard, Inc. (“Activision”), Electronic Arts Inc.
`
`(“EA”), Take-Two Interactive Software, Inc., Rockstar Games, Inc. and 2K Sports, Inc.
`
`(collectively “Take-Two”), their 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 their
`
`behalf, pursuant to their authority or subject to their control, including any and all joint ventures
`
`or other legal entities of any type whatsoever in which You own or owned any interest, receives
`
`or received any payments and/or participated or now participate in any manner.
`
`2
`
`

`
`Case 1:15-cv-00311-RGA Document 81-1 Filed 02/17/16 Page 19 of 59 PageID #: 1948
`
`3.
`
`The term “Actions” refers to the above-captioned related lawsuits filed in the
`
`United States District Court for the District of Delaware by Plaintiff.
`
`4.
`
`The term “Accused Products” shall mean as to Activision, World of Warcraft,
`
`Destiny, Call of Duty: Advanced Warfare and Call of Duty: Black Ops III; as to EA,
`
`FIFA 15, FIFA 16, NHL 15, NHL16, Tiger Woods PGA Tour 14, Rory McIlroy PGA
`
`Tour, Crysis 3 and Plants v. Zombies: Garden Warfare; and as to Take-Two, Grand Theft
`
`Auto V, Grand Theft Auto Online, NBA 2K15 and NBA 2K16. “Accused Products”
`
`further include all of the associated expansions, updates, patches and continuations as
`
`identified in Plaintiff’s Identification of Accused Products and Patents served to
`
`Defendants on November 2, 2015 pursuant to the Scheduling Order in this Action dated
`
`October 29, 2015.
`
`5.
`
`The term “MultiPlayer Functionality” shall mean functionality used to exchange
`
`data between multiple participants in a game.
`
`6.
`
`The term “MultiServer Functionality” shall mean functionality used to exchange
`
`data between a network of servers, such as the servers corresponding to each of the realms for
`
`Worlds of Warcraft.
`
`7.
`
`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.
`
`8.
`
`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
`
`3
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`Case 1:15-cv-00311-RGA Document 81-1 Filed 02/17/16 Page 20 of 59 PageID #: 1949
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`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 “’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.
`
`10.
`
`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.
`
`11.
`
`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.
`
`12.
`
`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.
`
`4
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`Case 1:15-cv-00311-RGA Document 81-1 Filed 02/17/16 Page 21 of 59 PageID #: 1950
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`13.
`
`The term “Patents-in-Suit” and “Asserted Patents” refer collectively to the
`
`'344 Patent, ‘966 Patent, ‘147 Patent, ‘634 Patent, ‘069 Patent and '497 Patent.
`
`14.
`
`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.
`
`15.
`
`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.
`
`16.
`
`The words “and” and “or” shall be construed conjunctively or disjunctively in a
`
`manner making the request inclusive rather than exclusive.
`
`17.
`
`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.
`
`18.
`
`The term “all” shall mean “any and all” and the term “any” shall mean “any and
`
`all.”
`
`19.
`
`The term “third party” means any person or entity other than Acceleration Bay or
`
`Defendants.
`
`5
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`

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`Case 1:15-cv-00311-RGA Document 81-1 Filed 02/17/16 Page 22 of 59 PageID #: 1951
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`INSTRUCTIONS
`
`1.
`
`In answering the following Common Interrogatories, furnish all available
`
`information including information in the possession, custody, or control of any of Defendants’
`
`attorneys, directors, officers, agents, employees, representatives, associates, investigators,
`
`divisions, affiliates, partnerships, parents, subsidiaries, and persons under Your control who
`
`have the best knowledge, not merely information known to You based on Your own personal
`
`knowledge. If You cannot fully respond to the following Common Interrogatories after
`
`exercising due diligence to secure the information requested thereby, so state, and specify the
`
`portion of each Common Interrogatory that cannot be responded to fully and completely. In the
`
`latter event, state what efforts were made to obtain the requested information and the facts
`
`relied upon that support the contention that the Common Interrogatory cannot be answered
`
`fully and completely, and state what knowledge, information, or belief You have concerning
`
`the unanswered portion of any such Common Interrogatory.
`
`2.
`
`If You produce documents in connection with these Common Interrogatories:
`
`a. Electronic records and computerized information shall be produced in an
`
`intelligible format, together with a description of the system from which they
`
`were derived sufficient to permit rendering the records and information
`
`intelligible;
`
`b. Selection of documents from the files and other sources and the numbering
`
`of such documents shall be performed in such a manner as to ensure that the
`
`source of each document can be determined;
`
`c. File folders with tabs or labels or directories of files identifying documents
`
`shall be produced intact with such documents;
`
`6
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`Case 1:15-cv-00311-RGA Document 81-1 Filed 02/17/16 Page 23 of 59 PageID #: 1952
`
`d. Documents attached to each other shall not be separated. All documents that
`
`respond, in whole or in part, to any portion of any request shall be produced
`
`in their entirety, including all addenda, appendices, attachments, and
`
`enclosures.
`
`3.
`
`If any information requested is claimed to be privileged or otherwise subject to
`
`immunity or protection from production, provide all information falling within the scope of the
`
`Common Interrogatory which is not privileged, immune, or protected, and for each item of
`
`information contained in a document to which a claim of privilege, immunity, or protection is
`
`made, identify such document with sufficient particularity for purposes of a motion to compel,
`
`such identification to include at least the following:
`
`a.
`
`b.
`
`the basis on which the privilege, immunity, or protection is claimed;
`
`the names and positions of the author of the document and all other persons
`
`participating in the preparation of the document;
`
`c.
`
`the name and position of each individual or other person to whom the
`
`document, or a copy thereof, was sent or otherwise disclosed;
`
`d.
`
`the date of the document;
`
`e. a description of any accompanying material transmitted with or attached to
`
`such document;
`
`the number of pages in such document;
`
`the particular interrogatory to which such document is responsive; and
`
`f.
`
`g.
`
`h. whether any business or non-legal matter is contained or discussed in such
`
`document.
`
`7
`
`

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`Case 1:15-cv-00311-RGA Document 81-1 Filed 02/17/16 Page 24 of 59 PageID #: 1953
`
`4.
`
`If Your response to a particular Common Interrogatory is a statement that You
`
`lack the ability to comply with that Common Interrogatory, You shall specify whether the
`
`inability to comply is because the particular item or category of information never existed, has
`
`been destroyed, has been lost, misplaced, or stolen, or has never been, or is no longer in Your
`
`possession, custody, or control, in which case You shall identify the name and address of any
`
`person or entity You know or believe to have possession, custody, or control of that
`
`information or category of information.
`
`COMMON INTERROGATORIES
`
`COMMON INTERROGATORY NO. 10:
`
`For each Accused Product, identify by name and version number all software developer
`
`kits (SDKs) and application program interfaces (APIs), either internally developed or developed
`
`by third parties, that are used for MultiPlayer Functionality or MultiServer Functionality,
`
`including the developer of the SDK or API, the specific software modules used, the source code
`
`directory that contains the specific software modules, the functionality each SDK or API
`
`provides, employees knowledgeable on the operations of the SDK or API and the dates that the
`
`functionality of each SDK or API was included in each Accused Product.
`
`COMMON INTERROGATORY NO. 11:
`
`For each Accused Product, describe in detail all network topologies used to connect or
`
`maintain participants within a network to provide MultiPlayer Functionality or MultiServer
`
`Functionality, including whether and how a peer-to-peer network, peer-hosted network, server-
`
`based network and/or server-to-server network is used, the maximum number of participants
`
`and/or servers for each topology that are capable of communicating with each other, the number
`
`8
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`Case 1:15-cv-00311-RGA Document 81-1 Filed 02/17/16 Page 25 of 59 PageID #: 1954
`
`of participants and/or servers that are directly and not directly connected for each topology,
`
`whether and how floodi