`
`IN THE UNITED STATES DISTRICT COURT
`FOR THE DISTRICT OF DELAWARE
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`C.A. No. 16-453 (RGA)
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`)))))))))
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`ACCELERATION BAY LLC,
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`ACTIVISION BLIZZARD, INC.,
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`Plaintiff,
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`v.
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`Defendant.
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`ACTIVISION|BLIZZARD, INC.’S OBJECTION TO
`SPECIAL MASTER’S ORDER DENYING SANCTIONS
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`Defendant Activision|Blizzard, Inc. (“Activision”) respectfully objects to the Special
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`Master’s Order No. 3 regarding sanctions, issued on May 19, 2017 (D.I. 155). On April 28,
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`2017, Activision moved the Special Master to issue sanctions pursuant to Federal Rule of Civil
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`Procedure 37(b)(2)(4) for Plaintiff’s repeated failure to provide infringement contentions in
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`compliance with previous orders by the Special Master. Specifically, Activision moved for
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`“relief under Rule 37 for Plaintiff’s refusal to comply with those orders,” including but not
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`limited to preclusionary relief.
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`The Special Master’s Order No. 3 granted Activision’s Motion to compel responses to the
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`interrogatories at issue, but observed that the issue of sanctions “usually resides with the Court,
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`rather than the Special Master.” Activision, therefore, respectfully asks the Court to consider the
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`issue. Activision further notes that preclusionary or other sanctions requested are even more
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`necessary in light of the fact that Plaintiff has objected to the Special Master’s Order compelling
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`it to provide full and complete responses to Common Interrogatories 7 and 9 regarding Plaintiff’s
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`infringement allegations. This effectively prevents Activision from receiving basic infringement
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`discovery until after the July 31, 2017 close of discovery. The grounds for the requested relief
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`Case 1:16-cv-00453-RGA Document 174 Filed 06/09/17 Page 2 of 3 PageID #: 18890
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`are set forth in the papers filed with the Special Master and the hearing transcript. Pursuant to
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`the Court’s Order Appointing Special Master (C.A. No. 15-228, D.I. 94), Activision will work
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`with Plaintiff to compile and submit an Appendix with all necessary materials.
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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
`
`Krista M. Enns
`WINSTON & STRAWN LLP
`101 California Street, 35th Floor
`San Francisco, CA 94111
`(415) 591-1000
`
`Michael M. Murray
`WINSTON & STRAWN LLP
`200 Park Avenue,
`New York, NY 10166
`(212) 294-6700
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`June 9, 2017
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`MORRIS, NICHOLS, ARSHT & TUNNELL LLP
`
`
`/s/ Stephen J. Kraftschik
`_______________________________________
`Jack B. Blumenfeld (#1014)
`Stephen J. Kraftschik (#5623)
`1201 North Market Street
`P.O. Box 1347
`Wilmington, DE 19899
`(302) 658-9200
`jblumenfeld@mnat.com
`skraftschik@mnat.com
`
`Attorneys for Defendant
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`2
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`
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`Case 1:16-cv-00453-RGA Document 174 Filed 06/09/17 Page 3 of 3 PageID #: 18891
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`CERTIFICATE OF SERVICE
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`I hereby certify that on June 9, 2017, I caused the foregoing to be electronically filed with
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`the Clerk of the Court using CM/ECF, which will send notification of such filing to all registered
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`participants.
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`I further certify that I caused copies of the foregoing document to be served on
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`June 9, 2017, upon the following in the manner indicated:
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`Philip A. Rovner, Esquire
`Jonathan A. Choa, Esquire
`POTTER ANDERSON & CORROON LLP
`1313 North Market Street, 6th Floor
`Wilmington, DE 19801
`Attorneys for Plaintiff
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`Paul J. Andre, Esquire
`Lisa Kobialka, Esquire
`James R. Hannah, Esquire
`Hannah Lee, Esquire
`Yuridia Caire, Esquire
`KRAMER LEVIN NAFTALIS & FRANKEL LLP
`990 Marsh Road
`Menlo Park, CA 94025
`Attorneys for Plaintiff
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`Aaron M. Frankel, Esquire
`Marcus A. Colucci, Esquire
`KRAMER LEVIN NAFTALIS & FRANKEL LLP
`1177 Avenue of the Americas
`New York, NY 10036
`Attorneys for Plaintiff
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`VIA ELECTRONIC MAIL
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`VIA ELECTRONIC MAIL
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`VIA ELECTRONIC MAIL
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`
`/s/ Stephen J. Kraftschik
`________________________________
`Stephen J. Kraftschik (#5623)
`
`
`
`
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