`
`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.
`
`PLAINTIFF ACCELERATION BAY LLC’S MOTION TO STRIKE
`
`Pursuant to the Court’s Order Appointing Special Master (D.I. 94 in C.A. No. 15-228-
`
`RGA, incorporated into this action by D.I. 62) (“Order”), Plaintiff Acceleration Bay LLC
`
`(“Acceleration Bay”) hereby moves for an order:
`
`(1)
`
`striking the untimely deposition erratas of Patrick Griffith and Jason Argent for
`
`failure to comply with Rule 30(e); and
`
`(2)
`
`striking various portions of the invalidity expert report of Dr. Karger that assert
`
`new invalidity arguments not disclosed in Defendants’ invalidity contentions. Specifically,
`
`
`
`Case 1:16-cv-00453-RGA Document 328 Filed 10/20/17 Page 2 of 3 PageID #: 26731
`
`Acceleration Bay seeks an order striking (1) Dr. Karger’s opinions regarding the Shoubridge
`
`reference, as set forth in paragraphs 422, 454-460, 675 and 423-453 as to anticipation; (2)
`
`paragraphs 465, 466, 472, 474, 476, 479, 484, 488, 491, 493, 494, 501, 514, 516-518, 524, 532,
`
`534, 540, 541, 543, 545, 547, 550-555, 561, 571, 576, 579-581, 603, 609, 617, 620, 623, 624,
`
`631, 632, 634, 642, 648-653, 661, 668-671, 676-683, 932-1000, and 1208-1255 of Dr. Karger’s
`
`report because they are directed to undisclosed obviousness theories; (3) paragraphs 62-251 of
`
`Dr. Karger’s report because they are directed to undisclosed theories of written description, non-
`
`enablement and/or indefiniteness; (4) paragraphs 1059-1095 and 1147-1178 of Dr. Karger’s
`
`report because they fail to disclose an invalidity opinion; and (5) paragraphs 271-279, 285-323,
`
`584-587, 592-595, 598-602, 610-671, 680-683, 932-1000, 1077-1095, and 1165-1177 of Dr.
`
`Karger’s report because they are directed to undisclosed invalidity theories based on Age of
`
`Empires.
`
`The grounds for this motion are set forth in Acceleration Bay’s letter brief, which will be
`
`provided to the Special Master pursuant to Paragraph 3 of the Order and the Special Master
`
`Order Relating to Procedures for Resolving Discovery Motions (D.I. 113 in C.A. No. 15-228-
`
`RGA). A hearing on this motion is scheduled for November 2, 2017 at 1:00 p.m.
`
`Pursuant to D. Del. LR 7.1.1, Acceleration Bay states that it has made reasonable effort to
`
`reach agreement with Defendants on the matters set forth in this motion and have been informed
`
`that Defendants oppose the relief sought.
`
`2
`
`
`
`Case 1:16-cv-00453-RGA Document 328 Filed 10/20/17 Page 3 of 3 PageID #: 26732
`
`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
`KRAMER LEVIN NAFTALIS &
` FRANKEL LLP
`990 Marsh Road
`Menlo Park, CA 94025
`(650) 752-1700
`
`Aaron M. Frankel
`KRAMER LEVIN NAFTALIS &
` FRANKEL LLP
`1177 Avenue of the Americas
`New York, NY 10036
`(212) 715-9100
`
`Dated: October 20, 2017
`5500149
`
`3
`
`
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