`
`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.
`
`STIPULATION AND [PROPOSED] ORDER
`
`WHEREAS, a conflict has arisen for counsel for Plaintiff Acceleration Bay LLC due to
`
`the trial date for a case filed in 2014 being recently set for July 9, 2018, the same date scheduled
`
`for the start of the trial in the 16-454 action;
`
`
`
`Case 1:16-cv-00455-RGA Document 296 Filed 10/24/17 Page 2 of 4 PageID #: 21667
`
`WHEREAS, the parties have conferred regarding changing the date for the trial in the 16-
`
`454 action, while preserving the trial dates scheduled in the other two related actions and
`
`maintaining the current order of the trials;
`
`WHEREAS, in light of these proposed continuances of the trial dates, the parties propose
`
`further modifications to certain upcoming due dates in the above referenced actions;
`
`WHEREAS, the parties agree that the requested schedule changes will benefit both the
`
`parties and the Court (and will not disrupt the existing trial date set in the 16-453 action);
`
`IT IS HEREBY STIPULATED by the parties, subject to the approval of the Court, that
`
`the Scheduling Order (C.A. No. 16-453, D.I. No. 310) is amended as shown in the table below:
`
`Current Schedule
`
`Amended Schedule
`
`Event
`
`Opening
`Expert
`Reports
`
`16-453
`(Activision)
`
`September
`25, 2017
`
`Rebuttal
`Expert
`Reports
`
`November
`8, 2017
`
`16-454 (EA)
`&
`16-455
`(Take-Two)
`September 25,
`2017:
`invalidity
`report
`October 6,
`2017: all other
`opening
`reports
`November 8,
`2017:
`invalidity
`report
`November 17,
`2017: all other
`rebuttal
`reports
`
`16-453 (Activision)
`
`16-454 (EA) &
`16-455 (Take-Two)
`
`September 25, 2017:
`all opening reports
`(unchanged)
`
`September 25, 2017:
`invalidity report
`(unchanged)
`October 10, 2017: all
`other opening reports
`
`November 10, 2017:
`all rebuttal reports for
`Activision including
`the invalidity rebuttal
`report
`
`Kegel & Terrano to be
`made available for
`deposition by October
`27, 2017
`November 10, 2017:
`validity rebuttal report
`December 8: all other
`rebuttal reports
`
`2
`
`
`
`Case 1:16-cv-00455-RGA Document 296 Filed 10/24/17 Page 3 of 4 PageID #: 21668
`
`Current Schedule
`
`Amended Schedule
`
`Event
`
`16-453
`(Activision)
`
`Reply Expert
`Reports
`
`December 6,
`2017
`
`Completed
`Depositions of
`Experts
`
`January 10,
`2018
`
`16-454 (EA)
`&
`16-455
`(Take-Two)
`December 6,
`2017:
`invalidity
`reply report
`December 15,
`2017: all other
`reply reports
`January 31,
`2018
`
`16-453 (Activision)
`
`16-454 (EA) &
`16-455 (Take-Two)
`
`December 8, 2017:
`all reply reports
`
`December 8, 2017:
`invalidity reply report
`January 24, 2018: all
`other reply reports
`
`January 10, 2018
`(unchanged)
`
`January 10, 2018:
`validity expert
`depositions
`February 23: all other
`expert depositions
`February 2, 2018:
`invalidity/validity
`March 23, 2018: other
`motions
`EA: August 17, 2018
`(previously held for
`Take-Two)
`
`Take-Two: Oct/Nov.
`2018
`EA: August 27, 2018
`(previously held for
`Take-Two)
`
`Take-Two: the
`following dates work
`for both parties:
`October 22, 2018;
`October 29, 2018;
`November 5, 2018;
`November 12, 2018.
`
`February 2,
`2018
`
`February 23,
`2017
`
`February 2, 2018
`(Unchanged)
`
`Summary
`Judgment/
`Daubert
`Motions
`
`Pre Trial
`Conf.
`
`April 20,
`2018
`
`Trial
`
`April 30,
`2018
`
`April 20, 2018
`(Unchanged)
`
`April 30, 2018
`(Unchanged)
`
`EA: June 29,
`2018
`Take-Two:
`August 17,
`2018
`
`EA: July 9,
`2018
`Take-Two:
`August 27,
`2018
`
`3
`
`
`
`Case 1:16-cv-00455-RGA Document 296 Filed 10/24/17 Page 4 of 4 PageID #: 21669
`
`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
`
`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 Plaintiff
`
`Attorneys for Defendants
`
`Dated: October 24, 2017
`5503475
`
`SO ORDERED this __________ day of October, 2017
`
`__________________________________
`United States District Judge
`
`4
`
`
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