Case 1:16-cv-00455-RGA Document 343 Filed 12/15/17 Page 1 of 4 PageID #: 24054
`
`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)
`
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`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, in light of the recently modified dates for the trials in the 16-454 and 16-455
`
`actions, the parties have conferred and propose further modifications to certain upcoming due
`
`dates in the above referenced actions;
`
`
`
`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, in light of the recently modified dates for the trials in the 16-454 and 16-455
`
`actions, the parties have conferred and propose further modifications to certain upcoming due
`
`dates in the above referenced actions;
`
`
`
`Case 1:16-cv-00455-RGA Document 343 Filed 12/15/17 Page 2 of 4 PageID #: 24055
`
`WHEREAS, the parties agree that the requested schedule changes will benefit both the
`
`parties and the Court and will not disrupt the existing trial dates set in any of the above
`
`referenced actions;
`
`IT IS HEREBY STIPULATED by the parties, subject to the approval of the Court, that
`
`the Scheduling Order in the above referenced actions is amended as shown in the table below:
`
`Event
`
`Reply Expert
`Reports
`Completed
`Depositions of
`Experts
`Summary
`Judgment/
`Daubert Motions
`Pre Trial Conf.
`Trial
`
`Current Schedule
`16-453 (Activision)
`December 14, 2017
`
`Amended Schedule
`16-453 (Activision)
`December 14, 2017 (unchanged)
`
`January 10, 2018
`
`January 17, 2018
`
`February 2, 2018
`
`February 2, 2018: (unchanged)
`
`April 20, 2018
`April 30, 2018
`
`April 20, 2018 (unchanged)
`April 30, 2018 (unchanged)
`
`Event
`
`Rebuttal Expert
`Reports
`
`Current Schedule
`16-454 (Electronic Arts)
`November 13, 2017: validity
`rebuttal report
`
`Amended Schedule
`16-454 (Electronic Arts)
`November 13, 2017: validity rebuttal
`report (unchanged)
`
`December 8, 2017: all other
`rebuttal reports as to EA
`
`December 15, 2017: all other rebuttal
`reports as to EA
`
`Reply Expert
`Reports
`
`December 14, 2017: invalidity
`reply reports
`
`December 14, 2017: invalidity reply
`reports (unchanged)
`
`January 24, 2018: all other reply
`reports as to EA
`
`February 7, 2018: all other reply
`reports as to EA
`
`-2-
`
`
`
`Case 1:16-cv-00455-RGA Document 343 Filed 12/15/17 Page 3 of 4 PageID #: 24056
`
`Event
`
`Completed
`Depositions of
`Experts
`
`Summary
`Judgment/
`Daubert Motions
`
`Pre Trial Conf.
`Trial
`
`Current Schedule
`16-454 (Electronic Arts)
`January 10, 2018: validity expert
`depositions
`
`Amended Schedule
`16-454 (Electronic Arts)
`January 10, 2018: validity expert
`depositions (unchanged)
`
`February 23, 2018: all other EA
`expert depositions
`February 2, 2018:
`invalidity/validity
`
`February 23, 2018: all other EA expert
`depositions (unchanged)
`February 2, 2018: invalidity/validity
`(unchanged)
`
`March 23, 2018: all other
`motions as to EA
`August 17, 2018
`August 27, 2018
`
`March 23, 2018: all other motions as to
`EA (unchanged)
`August 17, 2018 (unchanged)
`August 27, 2018 (unchanged)
`
`Event
`
`Rebuttal Expert
`Reports
`
`Current Schedule
`16-455 (Take-Two)
`November 13, 2017: validity
`rebuttal report
`
`Amended Schedule
`16-455 (Take-Two)
`November 13, 2017: validity rebuttal
`report
`
`January 12, 2018: all other
`rebuttal reports as to TT
`
`January 24, 2018: all other rebuttal
`reports as to TT
`
`Reply Expert
`Reports
`
`December 14, 2017: invalidity
`reply reports
`
`December 14, 2017: invalidity reply
`reports (unchanged)
`
`Completed
`Depositions of
`Experts
`
`March 7, 2018: all other reply
`reports as to TT
`January 10, 2018: validity expert
`depositions
`
`March 12, 2018: all other reply reports
`as to TT
`January 10, 2018: validity expert
`depositions (unchanged)
`
`April 4, 2018: all other TT expert
`depositions
`
`April 4, 2018: all other TT expert
`depositions (unchanged)
`
`-3-
`
`
`
`Case 1:16-cv-00455-RGA Document 343 Filed 12/15/17 Page 4 of 4 PageID #: 24057
`
`Current Schedule
`16-455 (Take-Two)
`February 2, 2018:
`invalidity/validity
`
`Amended Schedule
`16-455 (Take-Two)
`February 2, 2018: invalidity/validity
`(unchanged)
`
`Event
`
`Summary
`Judgment/
`Daubert Motions
`
`Pre Trial Conf.
`
`June 15, 2018: all other motions
`as to TT
`October 19, 2018 at 8:30 a.m.
`
`June 15, 2018: all other motions as to
`TT (unchanged)
`October 19, 2018 at 8:30 a.m.
`(unchanged)
`October 29, 2018 (unchanged)
`
`Trial
`
`October 29, 2018
`
`POTTER ANDERSON & CORROON LLP
`
`By: /s/ Philip A. Rovner__________________
`Philip A. Rovner (# 3215)
`Jonathan A. Choa (#5319)
`1313 North Market Street 6th Floor
`Wilmington, Delaware 19801
`(302) 984-6000
`provner@potteranderson.com
`jchoa@potteranderson.com
`
`Attorneys for Plaintiff
`Acceleration Bay LLC
`
`Dated: December 15, 2017
`5586814
`
`MORRIS, NICHOLS, ARSHT & TUNNELL
`LLP
`
`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 December, 2017
`
`__________________________________
`United States District Judge
`
`-4-
`
`
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