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`IN THE UNITED STATES DISTRICT COURT
`FOR THE DISTRICT OF DELAWARE
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`Plaintiff,
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`Defendants.
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`v.
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`v.
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`v.
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`Plaintiff,
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`Plaintiff,
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`C.A. No. 16-453 (RGA)
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`C.A. No. 16-454 (RGA)
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`C.A. No. 16-455 (RGA)
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`ACCELERATION BAY LLC,
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`ACTIVISION BLIZZARD, INC.
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`Defendant.
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`ACCELERATION BAY LLC,
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`ELECTRONIC ARTS INC.,
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`Defendant.
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`ACCELERATION BAY LLC,
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`TAKE-TWO INTERACTIVE SOFTWARE,
`INC., ROCKSTAR GAMES, INC. and
`2K SPORTS, INC.,
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`STIPULATION REGARDING SUPPLEMENTAL CLAIM CONSTRUCTION BRIEFING
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`IT IS HEREBY STIPULATED by the parties, subject to the approval of the
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`Court, that pursuant to the Court’s Order of July 5, 2017 (C.A. No. 16-453, D.I. 206):
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`(1) On or before July 17, 2017, the parties shall exchange a list of those
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`remaining claim term(s)/phrase(s) that they believe need construction and their proposed claim
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`construction of those term(s)/phrase(s). This document will not be filed with the Court.
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`Case 1:16-cv-00455-RGA Document 180 Filed 07/11/17 Page 2 of 4 PageID #: 16914
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`Subsequent to exchanging that list, the parties will meet and confer to prepare a Joint Claim
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`Construction Chart to be filed no later than July 24, 2017. The Joint Claim Construction Chart,
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`in Word or WordPerfect format, shall be e-mailed simultaneously with filing
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`to
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`rga_civil@ded.uscourts.gov. The parties’ Joint Claim Construction Chart should identify for the
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`Court the term(s)/phrase(s) of the claim(s) in issue, and should include each party’s proposed
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`construction of the disputed claim language with citation(s) only to the intrinsic evidence in
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`support of their respective proposed constructions. A copy of the patent(s) in issue as well as
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`those portions of the intrinsic record relied upon shall be submitted with this Joint Claim
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`Construction Chart. In this joint submission, the parties shall not provide argument.
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`(2) The parties shall serve, but not file, their supplemental claim construction
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`briefs consistent with the deadlines set forth in the table below.
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`Event
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`Page Limit
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`Deadline
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`Plaintiff’s Opening Brief
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`Defendants’ Answering Brief
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`Group 1
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`Plaintiff’s Reply Brief
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`Defendants’ Sur-Reply Brief
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`Joint Brief Filing
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`Plaintiff’s Opening Brief
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`Defendants’ Answering Brief
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`Group 2
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`Plaintiff’s Reply Brief
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`Defendants’ Sur-Reply Brief
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`Joint Brief Filing
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`Group 3
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`Plaintiff’s Opening Brief
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`2
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`20
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`30
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`20
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`10
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`n/a
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`20
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`30
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`20
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`10
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`n/a
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`20
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`7/28/17
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`8/11/17
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`8/18/17
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`8/25/17
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`8/31/17
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`8/16/17
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`8/30/17
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`9/12/17
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`9/26/17
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`9/29/17
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`9/18/17
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`Case 1:16-cv-00455-RGA Document 180 Filed 07/11/17 Page 3 of 4 PageID #: 16915
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`Event
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`Page Limit
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`Deadline
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`Defendants’ Answering Brief
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`Plaintiff’s Reply Brief
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`Defendants’ Sur-Reply Brief
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`Joint Brief Filing
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`Plaintiff’s Opening Brief
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`Defendants’ Answering Brief
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`Group 4
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`Plaintiff’s Reply Brief
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`Defendants’ Sur-Reply Brief
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`Joint Brief Filing
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`30
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`20
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`10
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`n/a
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`20
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`30
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`20
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`10
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`n/a
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`10/2/17
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`10/16/17
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`10/27/17
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`10/31/17
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`10/6/17
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`10/20/17
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`11/3/17
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`11/17/17
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`11/30/17
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`The parties shall copy and paste their unfiled briefs into a single brief per group, with their
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`positions on each claim term in sequential order, in substantially the form below.
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`JOINT CLAIM CONSTRUCTION BRIEF
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`I.
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`II.
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`A.
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`B.
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`Agreed-upon Constructions
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`Disputed Constructions
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`[TERM 1]
`1.
`Plaintiff’s Opening Position
`2.
`Defendant’s Answering Position
`3.
`Plaintiff’s Reply Position
`4.
`Defendant’s Sur-Reply Position
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`[TERM 2]
`1.
`Plaintiff’s Opening Position
`2.
`Defendant’s Answering Position
`3.
`Plaintiff’s Reply Position
`4.
`Defendant’s Sur-Reply Position
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`3
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`Case 1:16-cv-00455-RGA Document 180 Filed 07/11/17 Page 4 of 4 PageID #: 16916
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`Etc. The parties need not include any general summaries of the law relating to claim
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`construction. If there are any materials that would be submitted in an appendix, the parties shall
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`submit them in a Joint Appendix corresponding to each Joint Brief.
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`POTTER ANDERSON & CORROON LLP
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`/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
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`Attorneys for Plaintiff
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`MORRIS, NICHOLS, ARSHT & TUNNELL LLP
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`/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
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`Attorneys for Defendants
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`July 11, 2017
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`SO ORDERED this _____ day of July, 2017.
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`United States District Judge
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`4
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