`
`IN THE UNITED STATES DISTRICT COURT
`FOR THE DISTRICT OF DELAWARE
`
`C.A. No. 16-453 (RGA)
`
`C.A. No. 16-454 (RGA)
`
`C.A. No. 16-455 (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.
`
`DECLARATION OF LISA KOBIALKA ESQ. IN SUPPORT OF PLAINTIFF
`ACCELERATION BAY LLC’S OPPOSITION TO DEFENDANTS’ MOTION TO
`DISMISS, STAY OR TRANSFER TO THE NORTHERN DISTRICT OF CALIFORNIA
`
`
`
`Case 1:16-cv-00455-RGA Document 12 Filed 07/25/16 Page 2 of 3 PageID #: 840
`
`I, Lisa Kobialka, declare as follows:
`
`1.
`
`I am an attorney with the law firm Kramer Levin Naftalis & Frankel LLP, counsel
`
`of record for Acceleration Bay LLC (“Acceleration Bay”) for the above referenced matter. I have
`
`personal knowledge of the facts stated herein and can testify competently to those facts. I make
`
`this declaration in support of Acceleration Bay’s Opposition to the Motion to Dismiss, Transfer
`
`or Stay of Defendants Activision Blizzard, Inc. (“Activision”), Electronic Arts Inc. (“EA”),
`
`Take-Two Interactive Software, Inc., Rockstar Games, Inc. and 2K Sports, Inc.’s (collectively
`
`“Take-Two”) (Activision, EA and Take-Two are hereafter collectively referred to as
`
`“Defendants”).
`
`2.
`
`Attached hereto as Exhibit 1 is a true and correct copy of the webpage
`
`www.wikipedia.org/wiki/Demonware, accessed on July 22, 2016.
`
`3.
`
`Acceleration Bay filed complaints against Activision, EA and Take-Two
`
`respectively on March 11, March 30 and April 13, 2015, alleging that Defendants infringe
`
`multiple patents (the “2015 Delaware Actions”). The Court consolidated the 2015 Delaware
`
`Actions for discovery, claim construction and pre-trial activities.
`
`4.
`
`Discovery in the 2015 Delaware Actions began in December 2015, and the parties
`
`have since engaged in extensive document and interrogatory discovery.
`
`5.
`
`Acceleration Bay served 30(b)(6) deposition notices on Defendants on January 5,
`
`2016. After twice moving to compel deposition, Acceleration Bay took two depositions of
`
`Activision Blizzard and was scheduled to take four additional depositions of Defendants.
`
`6.
`
`The parties collectively served 18 third-party subpoenas and served and
`
`responded to 434 requests for production and 42 interrogatories.
`
`
`
`Case 1:16-cv-00455-RGA Document 12 Filed 07/25/16 Page 3 of 3 PageID #: 841
`
`7.
`
`The parties and subpoenaed third parties produced over 118,000 pages of
`
`documents and held over two dozen days of source code review under the Court’s protective
`
`order.
`
`8.
`
`In the 2015 Delaware Actions, the Court and Special Master Terrell held a total of
`
`six hearings on a wide variety of topics and issued over ten substantive orders concerning a
`
`variety of issues, including the protective order, discovery disputes, infringement contentions,
`
`scheduling, case management and standing.
`
`9.
`
`Attached hereto as Exhibit 2 is a true and correct copy of Docket Navigator’s
`
`Analytics Report for the Court, accessed on July 18, 2016.
`
`10.
`
`Attached hereto as Exhibit 3 is a true and correct copy of Docket Navigator
`
`Analytics Report for Judge Seeborg in the Northern District of California, accessed on July 18,
`
`2016.
`
`I declare under penalty of perjury under the laws of the United States that the foregoing is
`
`true and correct. Executed on July 25, 2016 in Menlo Park, California.
`
`By:
`
`/s/ Lisa Kobialka
`Lisa Kobialka
`
`2
`
`
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