Case 1:16-cv-00455-RGA Document 119 Filed 05/09/17 Page 1 of 16 PageID #: 12629
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`IN THE UNITED STATES DISTRICT COURT
`FOR THE DISTRICT OF DELAWARE
`
`C.A. No. 16-453 (RGA)
`
`REDACTED
`PUBLIC VERSION
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`C.A. No. 16-454 (RGA)
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`REDACTED
`PUBLIC VERSION
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`C.A. No. 16-455 (RGA)
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`REDACTED
`PUBLIC VERSION
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`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.
`
`AMENDED NOTICE OF 30(b)(6) DEPOSITION OF ACCELERATION BAY LLC
`
`PLEASE TAKE NOTICE that, pursuant to Federal Rules of Civil Procedure 30(b)(6), on
`
`May 22, 2017, beginning at 9:00 A.M., and continuing day-to-day thereafter until completed,
`
`Defendants Activision|Blizzard, Inc., Electronic Arts Inc., Take-Two Interactive Software, Inc.,
`
`Rockstar Games, Inc., and 2K Sports, Inc., will take the deposition of Plaintiff Acceleration Bay
`
`LLC. The deposition will take place at the offices of Winston & Strawn LLP, 275 Middlefield
`
`
`
`IN THE UNITED STATES DISTRICT COURT
`FOR THE DISTRICT OF DELAWARE
`
`C.A. No. 16-453 (RGA)
`
`REDACTED
`PUBLIC VERSION
`
`C.A. No. 16-454 (RGA)
`
`REDACTED
`PUBLIC VERSION
`
`C.A. No. 16-455 (RGA)
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`REDACTED
`PUBLIC VERSION
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`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.
`
`AMENDED NOTICE OF 30(b)(6) DEPOSITION OF ACCELERATION BAY LLC
`
`PLEASE TAKE NOTICE that, pursuant to Federal Rules of Civil Procedure 30(b)(6), on
`
`May 22, 2017, beginning at 9:00 A.M., and continuing day-to-day thereafter until completed,
`
`Defendants Activision|Blizzard, Inc., Electronic Arts Inc., Take-Two Interactive Software, Inc.,
`
`Rockstar Games, Inc., and 2K Sports, Inc., will take the deposition of Plaintiff Acceleration Bay
`
`LLC. The deposition will take place at the offices of Winston & Strawn LLP, 275 Middlefield
`
`
`
`Case 1:16-cv-00455-RGA Document 119 Filed 05/09/17 Page 2 of 16 PageID #: 12630
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`Road, Suite 205, Menlo Park, California 94025 and will continue from day to day (excluding
`
`weekends and holidays) until completed. The deposition shall be taken before a court reporter or
`
`other qualified person to administer the oath and record the testimony by stenographic means.
`
`The deposition will be videotaped. Pursuant to Federal Rule of Civil Procedure 30(b)(6),
`
`Acceleration must designate one or more officers, directors, or managing agents, or designate
`
`other persons who consent to testify on its behalf. The person(s) so designated shall be the
`
`persons most knowledgeable about, and shall testify as to, the matters known or reasonably
`
`available to Acceleration with respect to the topics listed below. In addition, it is requested that
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`Acceleration provide written notice, at least five (5) business days in advance of the deposition,
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`of the name and position of each designee who consents to testify on behalf of Acceleration, and
`
`the identity of the particular topic(s) listed below as to which such designee has agreed to testify.
`
`DEFINITIONS
`
`1.
`
`“Acceleration,” “Plaintiff,” “You,” or “Your” means and includes Acceleration
`
`Bay LLC together with each of its respective departments, divisions, subsidiaries, predecessors,
`
`and affiliates, past and present, and all employees, representatives, and/or agents acting or
`
`purporting to act on any or all of their respective behalves.
`
`2.
`
`“Defendants” shall mean Activision Blizzard, Inc., Electronic Arts Inc., Take-
`
`Two Interactive Software, Inc., Rockstar Games, Inc., and 2K Sports, Inc., including but not
`
`limited to their predecessors, all parent companies, partners, wholly or partially owned
`
`subsidiaries, divisions, past or present affiliated corporations, and each of their present and
`
`former employees, agents, officers, directors, representatives, consultants, accountants, and
`
`attorneys.
`
`2
`
`
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`Case 1:16-cv-00455-RGA Document 119 Filed 05/09/17 Page 3 of 16 PageID #: 12631
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`3.
`
`“Boeing” means and includes The Boeing Company together with each of its
`
`respective departments, divisions, subsidiaries, predecessors, and affiliates, past and present, and
`
`all employees, representatives, and/or agents acting or purporting to act on any or all of their
`
`respective behalves.
`
`4.
`
`“Panthesis” means collectively and/or individually, Panthesis, Inc., and/or its
`
`present and former officers, directors, employees, partners, corporate parent, subsidiaries, or
`
`affiliates.
`
`5.
`
`“Accused Products” shall mean any product or service manufactured, used, sold,
`
`offered for sale or imported into the United States by or on behalf of any Defendants that
`
`Acceleration Bay alleges infringes the Asserted Patents.
`
`6.
`
`“Asserted Patents” shall mean United States Patent Nos. 6,701,344; 6,714,966;
`
`6,732,147; 6,829,634; 6,910,069; and 6,920,497.
`
`7.
`
`The term “Related Application(s)” of a referenced patent or patents means any
`
`patent or patent application, filed anywhere in the world, that: (a) is a parent, child, or other
`
`ancestral application related in any way to the referenced patent; (b) is a continuation
`
`application, continuation-in-part application, divisional application, file-wrapper continuation,
`
`reexamination proceeding, reissue application, provisional application, or abandoned application
`
`of such referenced patent or the application that led to such referenced patent; (c) claims priority
`
`in whole or in part from such referenced patent or the application that led to such referenced
`
`patent; (d) is the basis for a claim of priority in whole or in part (including claims of benefits
`
`under 35 U.S.C. §§ 119(e) or 120) for such referenced patent; (e) was contemporaneously filed
`
`with and/or incorporated by reference within the application for the referenced patent or
`
`(f) shares subject matter with such referenced patent.
`
`3
`
`
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`Case 1:16-cv-00455-RGA Document 119 Filed 05/09/17 Page 4 of 16 PageID #: 12632
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`8.
`
`9.
`
`“Named Inventor(s)” means and includes Fred B. Holt, and/or Virgil E. Bourassa.
`
`“These Cases” shall mean the lawsuit(s) filed by Acceleration Bay in the District
`
`of Delaware, C.A. Nos. 15-228 (RGA), 15-282 (RGA), 15-311 (RGA), 16-453 (RGA), 16-454
`
`(RGA), 16-455 (RGA), and related inter partes reviews, IPR2015-1951, IPR2015-1953,
`
`IPR2015-1964, IPR2015-1970, IPR2015-1972, IPR2015-1996, IPR2016-724, IPR2016-727,
`
`IPR2016-747.
`
`10.
`
`“Communication,” “communications,” or “communicated” shall mean and shall
`
`include any oral or written expression, statements, or utterance of any nature whatsoever,
`
`including but not limited to, correspondence, conversations, memoranda, notes, computer or
`
`electronic expressions and statements and telecommunications.
`
`11.
`
`“Documents” shall have the meaning ascribed to that term in Rule 34 of the
`
`Federal Rules of Civil Procedure, and shall also include, without limitation, all writings,
`
`printouts, graphical material, and recordings as defined by Rule 1001 of the Federal Rules of
`
`Evidence, drawings, graphs, charts, photographs, film, audio or video recordings, facsimile
`
`transmissions, computer files, and electronic mail messages, and all data compilations from
`
`which information can be obtained, translated, if necessary, through detection devices into
`
`reasonably useable form. “Documents” also includes, without limitation, anything that can be
`
`classified as a “writing,” “original,” or “duplicate. “Documents” also include all drafts, all
`
`attachments to Documents, and all copies of Documents that are not identical duplicates of the
`
`original (for example, because handwriting, marginalia, or notes appear on the duplicate or are
`
`attached to it), whether or not the originals are in Acceleration Bay’s possession, custody or
`
`control.
`
`4
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`
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`Case 1:16-cv-00455-RGA Document 119 Filed 05/09/17 Page 5 of 16 PageID #: 12633
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`12.
`
`“Entity” or “entities” include natural persons, proprietorships, partnerships, firms,
`
`private corporations, public corporations, municipal corporations, governments (including
`
`foreign national governments, the government of the United States or any state or local
`
`government), all departments and agencies thereof, and any governmental agencies of any
`
`country, political subdivisions, groups, associations, or organizations.
`
`13.
`
`“Person” or “persons” shall mean any natural person, legal entity, business or
`
`other entities, including but not limited to any corporation, partnership, unincorporated
`
`association, joint venture, sole proprietorship, government agency, business trusts, or any and/or
`
`all other organization or group of individuals; as well as any officer, director, employee, partner,
`
`corporate parent, subsidiary, affiliate, agent, representative, attorney, or principal thereof.
`
`14.
`
`“Thing” or “things” shall mean any tangible object other than a document as
`
`defined herein, and includes objects of every kind and nature.
`
`15.
`
`“Relating to,” “related to” or “concerning” shall mean anything pertaining to,
`
`comprising, evidencing, alluding to, responding to, connected with, commenting on, with respect
`
`to, about, regarding, resulting from, embodying, explaining, supporting, discussing, showing,
`
`describing, reflecting, analyzing, constituting, setting forth, in respect of, or having any direct or
`
`indirect logical or factual connection with the subject matter in question.
`
`16.
`
`“Including” shall not be construed as limiting any request, and shall mean the
`
`same as “including, but not limited to.”
`
`17.
`
`The use of the term “the” shall not be construed as limiting the scope of any
`
`document request.
`
`18.
`
`“Any” or “each” shall be understood to include and encompass “all;” “or” shall be
`
`understood to encompass “and;” “and” shall be understood to include and encompass “OR.”
`
`5
`
`
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`Case 1:16-cv-00455-RGA Document 119 Filed 05/09/17 Page 6 of 16 PageID #: 12634
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`19.
`
`“And,” “or,” and “and/or” shall be construed conjunctively or disjunctively as
`
`necessary to make the request inclusive rather than exclusive.
`
`20.
`
`The plural of any word shall be construed as the singular, and vice versa, as
`
`necessary, in order to bring within the scope of these requests any information, documents, or
`
`things that might otherwise be construed to be outside their scope.
`
`21.
`
`The term “identify,” when referring to a document, means to give, to the extent
`
`known, the: (a) type of document; (b) general subject matter; (c) date of the document; and
`
`(d) author(s), addressee(s), and recipient(s).
`
`22.
`
`The term “identify,” when referring to a person, means to give, to the extent
`
`known, the: (a) person’s full name; (b) present or last known address, (c) the present or last
`
`known place of employment; and (d) telephone number(s). Once a person has been identified in
`
`accordance with this paragraph, only the name of that person needs to be listed in response to
`
`subsequent discovery requests.
`
`23.
`
`The term “identify,” when referring to an oral communication, means to state the
`
`date and place of the communication, the substance thereof, and to identify all persons who
`
`participated in or heard the communication.
`
`24.
`
`“Licensee” or “license” includes each and every sub-licensee or sub-license to
`
`any Asserted Patent.
`
`25.
`
`“Prior Art” means all publications, patents, physical devices, prototypes, products,
`
`uses, sales, offers for other activity concerning the subject matter of the Asserted Patent, or
`
`related United States or foreign patents, and existing on, or occurring at, a date such as to be
`
`relevant under any subdivision of 35 U.S.C. §§ 102 or 103.
`
`6
`
`
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`Case 1:16-cv-00455-RGA Document 119 Filed 05/09/17 Page 7 of 16 PageID #: 12635
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`26.
`
`All legal entities referred to herein include any parent companies, predecessors-
`
`in-interest, subsidiaries, affiliates, directors, officers, employees, agents, and representatives
`
`thereof, including attorneys, consultants, accountants, and investment bankers.
`
`DEPOSITION TOPICS
`
`Pursuant to Fed. R. Civ. Proc. 30(b)(6), Acceleration is required to designate one or more
`
`officers, directors, managing agents, or other persons to testify as to the information regarding
`
`the following matters that is known or reasonably available to Acceleration.
`
`1.
`
`The identity, existence, description, nature, custody, condition, and location of
`
`any documents relating to the conception, development and reduction to practice of the Asserted
`
`Patents and/or Related Applications.
`
`2.
`
`The conception, development and reduction to practice of subject matter claimed
`
`in the Asserted Patents and/or Related Applications, including identity and roles of individuals
`
`involved.
`
`3.
`
`The details of any diligence from the date of conception to reduction to practice
`
`for each asserted claim of the Asserted Patents and/or Related Applications and the identity of
`
`individuals involved in that diligence, including the identity and a full description of all
`
`documents and tangible things supporting the diligence including, but not limited to, all
`
`prototypes, source code and plans for any product that involves the subject matter claimed in the
`
`Asserted Patents and/or Related Applications.
`
`4.
`
`Non-privileged communications related to the drafting, filing, or prosecution of
`
`the applications for the Asserted Patents and/or Related Applications.
`
`5.
`
`The research and development of the subject matter described and/or claimed in
`
`the Asserted Patents and/or Related Applications and any documents relating thereto.
`
`7
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`
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`Case 1:16-cv-00455-RGA Document 119 Filed 05/09/17 Page 8 of 16 PageID #: 12636
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`6.
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`All documents, searches, studies, or opinions pertaining to whether the Asserted
`
`Patents and/or any Related Applications are valid or invalid, enforceable or unenforceable, or
`
`infringed or not infringed.
`
`7.
`
`The identification of all Prior Art known to Acceleration that refers or relates to
`
`the subject matter of the Asserted Patents and/or any Related Applications, including, without
`
`limitation, any sale, offer to sell, public use, prior use, prior patent application filing, patent, and
`
`publication, and the identity of each person with knowledge relating to each piece of Prior Art.
`
`8.
`
`All challenges, assertions, allegations, or statements made by third parties to
`
`Acceleration regarding the validity or unenforceability of the Asserted Patents and/or any
`
`Related Applications.
`
`9.
`
`Any copying of any product that embodies the Asserted Patents, knowledge of
`
`any demand for any product that embodies the Asserted Patents, any knowledge of development
`
`by others of technology related to the Asserted Patents.
`
`10.
`
`All research, testing or analyses performed by or on behalf of Acceleration on
`
`products alleged to infringe the Asserted Patents, including but not limited to Defendants’
`
`products accused of infringement in These Cases.
`
`11.
`
`Identification of
`
`the persons most knowledgeable about
`
`the basis for
`
`Acceleration’s decision to file suit against each of the Defendants, alleging infringement of the
`
`Asserted Patents.
`
`12.
`
`Communications with
`
`third parties relating
`
`to any Defendant’s alleged
`
`infringement of the Asserted Patents.
`
`13.
`
`Documents
`
`in Acceleration’s possession, custody or control before
`
`the
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`Complaints were filed concerning each of the Accused Products.
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`8
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`Case 1:16-cv-00455-RGA Document 119 Filed 05/09/17 Page 9 of 16 PageID #: 12637
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`14.
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`Documents in Acceleration’s possession, custody or control before These Cases
`
`were filed concerning Acceleration’s inquiry into each of the Defendants’ alleged infringement
`
`of any claims of the Asserted Patents.
`
`15.
`
`The reasons why Acceleration or Boeing did not file an action for infringement of
`
`the Asserted Patents and/or Related Applications before March 10, 2015.
`
`16.
`
`Acceleration’s decisions to bring These Cases against each of the Defendants for
`
`infringement of the asserted claims, including, without limitation, Acceleration’s first awareness
`
`of the Accused Products, Acceleration’s analysis of the Accused Products and the actions
`
`Acceleration took after it became aware of the Accused Products.
`
`17.
`
`Acceleration’s corporate and organizational structure,
`
`including, without
`
`limitation, its date of incorporation, the purposes for which it was formed, its officers, directors,
`
`investors, shareholders and other interest-holders since its inception, its principal place of
`
`business since its formation, any related business entities or interests, and its financing.
`
`18.
`
`19.
`
`Acceleration’s financial books and records since its formation.
`
`All facts regarding individuals, companies, and other entities that provide
`
`financing to Acceleration or that are entitled to revenue generated by Acceleration, including
`
`related to the Asserted Patents and/or Related Applications, including any portion of any
`
`recovery by Acceleration in These Cases.
`
`20.
`
`The creation, content and maintenance of your marketing and branding, including
`
`your website and other digital branding and marketing.
`
`21.
`
`The relationship between You and any companies that have ever been mentioned
`
`on Your website.
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`9
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`Case 1:16-cv-00455-RGA Document 119 Filed 05/09/17 Page 10 of 16 PageID #: 12638
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`22.
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`All facts regarding any attempts to secure financing for any portion of These
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`Cases from any individual, company, or other entity, whether or not any financing was actually
`
`secured.
`
`23.
`
`Testimony and documents which evidence or relate to cost benefit analyses or
`
`studies conducted to assess the cost of asserting the Asserted Patents and/or Related
`
`Applications.
`
`24.
`
`All facts and circumstances relating to the entire chain of title of the Asserted
`
`Patent, an identification of the dates and parties involved in any sale, assignment, transfer,
`
`license or lien related to the Asserted Patents and/or Related Applications and an identification of
`
`each person and document upon which Acceleration may rely to demonstrate ownership.
`
`25.
`
`All facts and circumstances surrounding Acceleration’s acquisition of the
`
`Asserted Patents, including identification of all persons with knowledge.
`
`26.
`
`All facts and circumstances concerning the creation, formation, growth, decline,
`
`revenues, costs, profits, debts, audits, and governance of Acceleration.
`
`27.
`
`All facts and circumstances relating to any investment in or assets of
`
`Acceleration.
`
`28.
`
`The business model of Acceleration, including an identification of and revenues
`
`derived from any products that embody the Asserted Patents and/or Related Applications.
`
`29.
`
`The identity, details of, and sales and profit information, for any product past or
`
`present that embodies the Asserted Patents and/or Related Applications.
`
`30.
`
`Any efforts by You to develop, manufacture or sell any product, including
`
`
`
`or any other product in any way related to the Asserted Patents.
`
`10
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`Case 1:16-cv-00455-RGA Document 119 Filed 05/09/17 Page 11 of 16 PageID #: 12639
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`31.
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`The contents of documents and all communications relating to Acceleration’s
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`solicitation of investment income based on the Asserted Patents and/or Related Applications or
`
`the technology claimed in the Asserted Patents and/or Related Applications, including but not
`
`limited to presentations to angel investors, venture capital firms, or other investors.
`
`32.
`
`The composition, ownership, and operation of Acceleration, including, but not
`
`limited to, an identification of all debt holders, investors, shareholders, directors, officers, and/or
`
`employees of Acceleration, the positions, titles and interests of those individuals in Acceleration,
`
`and Acceleration’s principal place of business.
`
`33.
`
`The identification and roles of all Your employees and consultants, including the
`
`Inventors.
`
`34.
`
`All offers of value, tangible or non-tangible, monetary or non-monetary, for the
`
`Asserted Patents and/or Related Applications including, but not limited to, the identity of the
`
`entity making the offer; the persons involved in any negotiations resulting in an offer; the
`
`persons involved in the ultimate decision whether to accept the offer or offers; the nature and
`
`scope of the offer or offers; whether the offer or offers contemplated a purchase, a license with a
`
`lump sum payment or with running royalties, the stated or implied royalty rate, the duration of
`
`such a license, whether such a license would be restricted in any way, or some other form of
`
`transaction and the related terms.
`
`35.
`
`Any economic analysis or valuation of Acceleration or the Asserted Patents
`
`and/or Related Applications, performed by or on behalf of Acceleration, any predecessor
`
`company, or any third party, including but not limited to any offers to/ by Acceleration to/ by
`
`third parties to acquire or monetize the Asserted Patents and/or Related Applications including
`
`11
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`Case 1:16-cv-00455-RGA Document 119 Filed 05/09/17 Page 12 of 16 PageID #: 12640
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`all proposals, negotiations, communications, efforts to collaborate, and any proposed or actual
`
`agreements regarding the same.
`
`36.
`
`All facts regarding Acceleration’s efforts to enforce the Asserted Patents and/or
`
`Related Applications against any other entities or persons aside from Defendants.
`
`37.
`
`Any facts, details, and documents regarding a royalty or licensing fee for the
`
`Asserted Patents and/or Related Applications.
`
`38.
`
`39.
`
`40.
`
`
`
`Details of Acceleration’s licensing policies.
`
`All facts and circumstances related to Acceleration providing notice to each
`
`Defendant for the Asserted Patents as to its alleged infringement of the Asserted Patents.
`
`41.
`
`All facts and circumstances regarding alternatives to the Asserted Patents
`
`including
`
`42.
`
`All facts and circumstances regarding any use by Boeingor anyone else of the
`
`technology of the Asserted Patents.
`
`43.
`
`Any sales, profits or commercial success associated with any embodiment or use
`
`of the Asserted Patents.
`
`44.
`
`Any praise, unexpected results or problems solved by the technology claimed in
`
`the Asserted Patents.
`
`45.
`
`46.
`
`The feasibility, cost and effort involved in designing around the Asserted Patents.
`
`All facts and circumstances regarding the marking of any device or system with
`
`the Asserted Patents, including without limitation the identity of each product marked, the
`
`manner in which each such product was marked, and the dates such products were so marked.
`
`12
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`Case 1:16-cv-00455-RGA Document 119 Filed 05/09/17 Page 13 of 16 PageID #: 12641
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`47.
`
`Acceleration’s Communications with and knowledge of the following individuals:
`
`48.
`
`Acceleration’s Communications with and knowledge of the following entities:
`
`13
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`Case 1:16-cv-00455-RGA Document 119 Filed 05/09/17 Page 14 of 16 PageID #: 12642
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`49.
`
`50.
`
`All facts and knowledge related to Panthesis.
`
`Any competition or other business relationship between Acceleration Bay, on the
`
`one hand, and the businesses of the Defendants, on the other.
`
`51.
`
`Irreparable harm suffered by Acceleration as a result of sales of the Accused
`
`Products.
`
`52.
`
`The facts and circumstances surrounding any activities to incubate any business
`
`other than pursuing this action.
`
`53.
`
`The facts and circumstances relating to any collaboration between Acceleration
`
`Bay and any inventors or research institutions.
`
`54.
`
`The facts and circumstances relating to any investment Acceleration Bay has
`
`made in or support given companies that further the dissemination of technological
`
`advancement.
`
`55.
`
`The facts and circumstances surrounding any attempt to identify new solutions to
`
`technological problems and to bring solutions to market through partnerships with existing
`
`companies and startups.
`
`14
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`
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`Case 1:16-cv-00455-RGA Document 119 Filed 05/09/17 Page 15 of 16 PageID #: 12643
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`OF COUNSEL:
`Michael A. Tomasulo
`Gino Cheng
`David K. Lin
`Joe S. Netikosol
`WINSTON & STRAWN LLP
`333 South Grand Avenue, 38th Floor
`Los Angeles, CA 90071
`(213) 615-1700
`
`David P. Enzminger
`WINSTON & STRAWN LLP
`275 Middlefield Road, Suite 205
`Menlo Park, CA 94025
`(650) 858-6500
`
`Dan K. Webb
`Kathleen B. Barry
`WINSTON & STRAWN LLP
`35 West Wacker Drive
`Chicago, IL 60601
`(312) 558-5600
`
`(cid:50)(cid:85)(cid:76)(cid:74)(cid:76)(cid:81)(cid:68)(cid:79)(cid:3)(cid:41)(cid:76)(cid:79)(cid:76)(cid:81)(cid:74)(cid:3)(cid:39)(cid:68)(cid:87)(cid:72)(cid:29)(cid:3)(cid:3)May 2, 2017(cid:3)
`
`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 Defendants
`
`15
`
`
`
`Case 1:16-cv-00455-RGA Document 119 Filed 05/09/17 Page 16 of 16 PageID #: 12644
`
`CERTIFICATE OF SERVICE
`
`I hereby certify that on May (cid:28), 2017, I caused the foregoing to be electronically filed with
`the Clerk of the Court using CM/ECF, which will send notification of such filing to all registered
`
`participants.
`
`I further certify that I caused copies of the foregoing document to be served on
`
`May(cid:28), 2017, upon the following in the manner indicated:
`Philip A. Rovner, Esquire
`Jonathan A. Choa, Esquire
`POTTER ANDERSON & CORROON LLP
`1313 North Market Street, 6th Floor
`Wilmington, DE 19801
`Attorneys for Plaintiff
`
`Paul J. Andre, Esquire
`Lisa Kobialka, Esquire
`James R. Hannah, Esquire
`Hannah Lee, Esquire
`KRAMER LEVIN NAFTALIS & FRANKEL LLP
`990 Marsh Road
`Menlo Park, CA 94025
`Attorneys for Plaintiff
`
`Aaron M. Frankel, Esquire
`KRAMER LEVIN NAFTALIS & FRANKEL LLP
`1177 Avenue of the Americas
`New York, NY 10036
`Attorneys for Plaintiff
`
`VIA ELECTRONIC MAIL
`
`VIA ELECTRONIC MAIL
`
`VIA ELECTRONIC MAIL
`
`/s/ Stephen J. Kraftschik
`_______________________________
`Stephen J. Kraftschik (#5623)
`
`
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