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`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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`C.A. No. 16-454 (RGA)
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`C.A. No. 16-455 (RGA)
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`ACCELERATION BAY LLC,
`
`Plaintiff,
`
`v.
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`ACTIVISION BLIZZARD, INC.
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`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.
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`[PROPOSED] ORDER
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`WHEREAS, the Special Master having considered Plaintiff Acceleration Bay LLC’s
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`(“Acceleration Bay”) Motion to Compel and the related briefing and oral argument thereto;
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`IT IS HEREBY ORDERED this ___ day of ________________, 2017, that Acceleration
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`Bay’s Motion is hereby GRANTED.
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`
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`Case 1:16-cv-00455-RGA Document 230-1 Filed 08/16/17 Page 2 of 2 PageID #: 18722
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`(1)
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`Defendants are precluded from using at trial, or in any motion made in these
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`actions, any agreements they have with Sony, Microsoft or Bungie;
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`(2)
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`Activision Blizzard Inc. must produce, within 2 days, the withheld source code
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`printouts for Call of Duty (ATVI-SRC-COD000393 to ATVI-SRC-COD000463);
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`(3)
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`Defendants are precluded from arguing at trial, or in any motion made in these
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`actions, that there are any non-infringing alternatives;
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`(4) Within 7 days of the order, Defendants shall supplement their responses to
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`Acceleration Bay’s Interrogatory Nos. 2, 4 and 7-10;
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`(5)
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`Defendants’ subpoena on Microsoft is quashed and Defendants are precluded
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`from using at trial, or in any motion made in these actions, any documents produced by
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`Microsoft in response to the subpoena;
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`(6)
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`Defendants are precluding from using at trial, or in any motion, any documents
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`related to invalidity produced by them after May 2017;
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`(7)
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`Defendants are precluding from using at trial, or in any motion, any testimony or
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`other statement by Dan Kegel; and
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`(8)
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`Defendants are precluding from using at trial, or in any motion, any testimony or
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`other statement by Mark Terrano.
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`5259930
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`Special Master Allen M. Terrell, Jr.
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`2
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`