`
`IN THE UNITED STATES DISTRICT COURT
`FOR THE DISTRICT OF DELAWARE
`
`C.A. No. 16-453 (RGA)
`
`C.A. No. 16-454 (RGA)
`
`C.A. No. 16-455 (RGA)
`
`)))))))))
`
`)))))))))
`
`)))))))))
`
`
`)
`)
`
`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.
`
`[PROPOSED] STIPULATION AND ORDER
`
`WHEREAS, on July 5, 2017, the Court ordered supplemental briefing on certain claim
`
`terms (C.A. No. 16-453, D.I. 206);
`
`WHEREAS, the Court issued a partial Claim Construction Order on September 6, 2017
`
`(C.A. No. 16-453, D.I. 287),
`
`
`
`Case 1:16-cv-00455-RGA Document 283 Filed 09/29/17 Page 2 of 4 PageID #: 20088
`
`WHEREAS, the Parties have worked together to narrow the remaining disputed claim
`
`constructions issues and have reached agreement regarding certain constructions, including
`
`regarding Term 34, which was briefed in Phase I, and Terms 11, 12 and 13, which were to have
`
`been included in later phases;
`
`IT IS HEREBY STIPULATED by the parties, subject to the approval of the Court, that
`
`the terms below should be construed as follows:
`
`Term
`
`Agreed Upon Construction
`
`Phase
`
`11
`
`“computer”
`
`“a device capable of processing
`information to produce a desired result”
`
`12
`
`13
`
`“a plurality of
`participants”
`
`“participant”
`“participants”
`
`No construction needed.
`
`“a computer and/or computer process that
`participates in a network”
`
`34
`
`“list of neighbors” No construction needed.
`
`2
`
`3
`
`2
`
`1
`
`WHEREAS, the number of disputed claim terms being reduced, the parties agree to
`
`streamline and combine the Group 3 and Group 4 claim construction briefs into a single joint
`
`claim construction brief (for remaining Terms 9, 10, 21, 24, 25, 26, 28, and 37);
`
`WHEREAS, the parties’ Joint Claim Construction Brief for Group 2 includes terms that
`
`are no longer in dispute, the parties agree to a one-business day extension to submit their Joint
`
`Claim Construction Brief for Group 2 in order to remove terms that are no longer in dispute and
`
`streamline the Joint Claim Construction Brief for the Court;
`
`WHEREAS, the requested schedule change combining Group 3 and Group 4 provides for
`
`briefing to be complete within the original date for filing the last joint claim construction brief;
`
`2
`
`
`
`Case 1:16-cv-00455-RGA Document 283 Filed 09/29/17 Page 3 of 4 PageID #: 20089
`
`IT IS HEREBY STIPULATED by the parties, subject to the approval of the Court, that
`
`the parties’ Court Ordered Stipulation Regarding Supplemental Claim Construction Briefing,
`
`dated July 13, 2017 (C.A. No. 16-453, D.I. 215) is hereby amended as follows:
`
`Current Deadline
`(All 3 Cases)
`9/29/17
`
`Amended Deadline
`(All 3 Cases)
`10/2/17
`
`10/11/17
`
`10/25/17
`
`11/08/17
`
`11/22/17
`
`11/30/17
`
`N/A
`
`N/A
`
`N/A
`
`N/A
`
`N/A
`
`Event
`
`Group 2 File Joint Claim Construction
`Brief
`Group 3 Plaintiff Amended Opening
`Brief
`Group 3 Defendants’ Answering Brief
`
`Group 3 Plaintiff’s Reply Brief
`
`9/18/17
`
`10/2/17
`
`10/16/17
`
`Group 3 Defendants’ Sur-Reply Brief
`
`10/27/17
`
`Group 3 Joint Brief Filing
`
`Group 4 Plaintiff Opening Br.
`
`10/31/17
`
`10/6/17
`
`Group 4 Defendants’ Answering Brief
`
`10/20/17
`
`Group 4 Plaintiff’s Reply Brief
`
`11/3/17
`
`Group 4 Defendants’ Sur-Reply Brief
`
`11/17/17
`
`Group 4 Joint Brief Filing
`
`11/30/17
`
`3
`
`
`
`Case 1:16-cv-00455-RGA Document 283 Filed 09/29/17 Page 4 of 4 PageID #: 20090
`
`POTTER ANDERSON & CORROON LLP
`
`MORRIS, NICHOLS, ARSHT & TUNNELL
`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
`
`Dated: September 29, 2017
`
`By: /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
`
`SO ORDERED this __________ day of October, 2017
`
`__________________________________
`United States District Judge
`
`4
`
`
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