`
`M O R R I S , N I C H O L S , A R S H T & T U N N E L L L L P
`1201 NORTH MARKET STREET
`P.O. BOX 1347
`WILMINGTON, DELAWARE 19899-1347
`
`(302) 658-9200
`(302) 658-3989 FAX
`
`JACK B. BLUMENFELD
`(302) 351-9291
`(302) 425-3012 FAX
`jblumenfeld@mnat.com
`
`
`
`October 31, 2017
`
`VIA ELECTRONIC FILING
`
`The Honorable Richard G. Andrews
`United States District Court
` for the District of Delaware
`844 North King Street
`Wilmington, DE 19801
`Re:
`Acceleration Bay LLC; C.A. Nos. 16-453 (RGA); 16-454 (RGA); and 16-455 (RGA)
`Dear Judge Andrews:
`I write to respond to Plaintiff’s letter of earlier today. Defendants stated in their
`letter last Friday that on October 20, 2017, ”Plaintiff moved to strike some of Defendants’
`invalidity expert report, including contentions based on Alagar, with the Special Master,” and
`that Plaintiff seeks “similar relief” from the Special Master as it seeks from this Court. Both
`statements are correct.
`Before this Court, Plaintiff contends that Defendants did not disclose Alagar as an
`elected reference in the manner required by the Scheduling Order and seeks preclusion of Alagar
`as an invalidity reference. Before the Special Master, Plaintiff contends that Defendants’
`invalidity contentions did not disclose Alagar-based obviousness combinations, as required by
`the Scheduling Order, and seeks preclusion of all Alagar-based obviousness combinations. (See
`pages 16-18 of Exhibit 1 to Plaintiff’s letter of today, which shows the Alagar-based obviousness
`combinations it seeks to strike.)
`Defendants responded to Plaintiff’s motion before the Special Master yesterday,
`including addressing the disclosure point. That motion to strike is scheduled to be heard by the
`Special Master this Thursday, November 2, 2017, along with Activision's motions to strike
`infringement and damages contentions asserted for the first time in Plaintiff’s expert reports.
`Respectfully,
`
`/s/ Jack B. Blumenfeld
`
`
`
`JBB/dlw
`cc:
`Clerk of Court (Via Hand Delivery)
`
`All Counsel of Record (Via Electronic Mail)
`
`Jack B. Blumenfeld (#1014)
`
`