Case 1:16-cv-00453-RGA Document 178 Filed 06/15/17 Page 1 of 5 PageID #: 18954
`
`IN THE UNITED STATES DISTRICT COURT
`FOR THE DISTRICT OF DELAWARE
`
`C.A. No. 16-453-RGA
`
`)))))))))
`
`ACCELERATION BAY LLC,
`
`Plaintiff,
`
`v.
`
`ACTIVISION BLIZZARD, INC.,
`
`Defendant.
`
`PLAINTIFF ACCELERATION BAY LLC'S SECOND 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 July 10, 2017 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
`
`
`
`IN THE UNITED STATES DISTRICT COURT
`FOR THE DISTRICT OF DELAWARE
`
`C.A. No. 16-453-RGA
`
`)))))))))
`
`ACCELERATION BAY LLC,
`
`Plaintiff,
`
`v.
`
`ACTIVISION BLIZZARD, INC.,
`
`Defendant.
`
`PLAINTIFF ACCELERATION BAY LLC'S SECOND 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 July 10, 2017 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 1:16-cv-00453-RGA Document 178 Filed 06/15/17 Page 2 of 5 PageID #: 18955
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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.
`
`“Defendant” shall mean “Activision Blizzard, Inc.,” including but not limited to
`
`its predecessors, all parent companies, partners, wholly or partially owned subsidiaries, divisions,
`
`past or present affiliated corporations, and each of its present and former employees, agents,
`
`officers, directors, representatives, consultants, accountants, and attorneys.
`
`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 the products identified in Acceleration
`
`Bay’s Updated Identification of Accused Products served on February 13, 2017, and any
`
`subsequent updates to that disclosure. The term shall include all current, previous and currently
`
`contemplated versions, releases, or continuations of the aforementioned products.
`
`5.
`
`The term “Patents-in-Suit” refers collectively to U.S. Patent Nos. 6,701,344,
`
`6,714,966; 6,732,147; 6,829,634; 6,910,069; and 6,920,497 Patent.
`
`2
`
`
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`Case 1:16-cv-00453-RGA Document 178 Filed 06/15/17 Page 3 of 5 PageID #: 18956
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`6.
`
`The terms “concerning,” “relating to,” “relate to,” “refer to” and “referring to”
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`mean alluding to, responding to, connected with, commenting on, in respect of, about, regarding,
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`discussing, showing, identifying, describing, mentioning, reflecting, analyzing, comprising,
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`constituting, evidencing, supporting, refuting, contradicting, memorializing, pertaining to,
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`bearing upon or illuminating the subject matter into which inquiry is made.
`
`7.
`
`The words “and” and “or” shall be construed conjunctively or disjunctively in a
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`manner making the request inclusive rather than exclusive.
`
`8.
`
`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.
`
`9.
`
`The term “all” shall mean “any and all” and the term “any” shall mean “any and
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`all.”
`
`10.
`
`The term “third party” means any person or entity other than Acceleration Bay or
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`Activision Blizzard.
`
`TOPICS PURSUANT TO FED. R. CIV. P. 30(b)(6)
`
`53.
`
`Identification of all foreign revenue (gross and net), foreign billings (gross and
`
`net), and foreign profits (gross and net) obtained from sales of the Accused Products, including
`
`any components, parts, and/or features of such instrumentalities, that were used, developed,
`
`tested, or manufactured in the United States.
`
`54.
`
`The manner in which Defendant recognizes revenue related to the Accused
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`Products, including any upgrades, subscriptions, royalties, in-game purchases, components,
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`parts, and/or features.
`
`3
`
`
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`Case 1:16-cv-00453-RGA Document 178 Filed 06/15/17 Page 4 of 5 PageID #: 18957
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`55.
`
`Identification of the number of discs, downloads, subscriptions, and upgrades for
`
`each of the Accused Products and the sales price, location(s) of sales and revenues associated
`
`with the discs, downloads, in-game purchases, subscriptions, and upgrades.
`
`56.
`
`57.
`
`Defendant’s licensing and settlement policies and practices.
`
`The identity and scope of any and all patent licenses, cross licenses, or other
`
`similar agreements, including covenants not to sue, in the possession, custody, or control of
`
`Defendant, which concern patents in the same or similar areas of technology as the technology
`
`described in each of the Patents-in-Suit, or involve companies providing services similar to
`
`Defendant, including the identity of all parties to any such agreement, the terms of any such
`
`agreement, and any royalties that Defendant has received or paid pursuant to any such
`
`agreement.
`
`4
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`
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`Case 1:16-cv-00453-RGA Document 178 Filed 06/15/17 Page 5 of 5 PageID #: 18958
`
`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
`
`OF COUNSEL:
`
`Paul J. Andre
`Lisa Kobialka
`Hannah Lee
`KRAMER LEVIN NAFTALIS
` & FRANKEL LLP
`990 Marsh Road
`Menlo Park, CA 94025
`(650) 752-1700
`pandre@kramerlevin.com
`lkobialka@kramerlevin.com
`hlee@kramerlevin.com
`
`Aaron M. Frankel
`KRAMER LEVIN NAFTALIS
` & FRANKEL LLP
`1177 Avenue of the Americas
`New York, NY 10036
`(212) 715-9100
`afrankel@kramerlevin.com
`
`Dated: June 15, 2017
`5247635
`
`5
`
`
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