`
`IN THE UNITED STATES DISTRICT COURT
`FOR THE DISTRICT OF DELAWARE
`
`C.A. No. 16-453 (RGA)
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`))))))))))))
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`ACCELERATION BAY LLC,
`
`Plaintiff,
`
`v.
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`ACTIVISION BLIZZARD, INC.,
`
`Defendant.
`
`DECLARATION OF MICHAEL MITZENMACHER, PH.D.
`IN SUPPORT OF PLAINTIFF ACCELERATION BAY LLC.’ S
`MOTIONS FOR SUMMARY JUDGMENT
`
`
`
`Case 1:16-cv-00453-RGA Document 452 Filed 02/02/18 Page 2 of 3 PageID #: 34093
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`I, Michael Mitzenmacher, Ph.D., hereby declare as follows:
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`1.
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`I am the Thomas J. Watson, Sr. Professor of Computer Science in the
`
`School of Engineering and Applied Sciences at Harvard University, and have been retained by
`
`counsel for Plaintiff Acceleration Bay, LLC (“Acceleration Bay”) to serve as an expert witness
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`in the above-captioned action.
`
`2.
`
`I submit this declaration in support of Acceleration Bay’s Motions for
`
`Summary Judgment.
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`3.
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`Attached to Acceleration Bay’s Motions for Summary Judgment Brief are
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`true and correct copies (or excerpts thereof) of my (1) Expert Report Regarding Infringement by
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`Activision Blizzard, Inc. of U.S. Patent Nos. 6,701,344, 6,829,634, 6,732,147, 6,714,966,
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`6,920,497 and 6,910,069 dated September 25, 2017 (“Opening Report), (2) November 7, 2017
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`markup of excerpts of my Opening Report with red highlighting indicating withdrawn citations;
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`(3) Reply Expert Report Regarding Infringement by Activision Blizzard, Inc. of U.S. Patent Nos.
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`6,701,344, 6,829,634, 6,732,147, 6,714,966, 6,920,497 and 6,910,069 dated December 14, 2017,
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`and (4) Supplemental Reply Expert Report Regarding Infringement by Activision Blizzard, Inc.
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`of U.S. Patent Nos. 6,701,344, 6,829,634, 6,732,147, 6,714,966, 6,920,497 and 6,910,069 dated
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`January 2, 2018.
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`4.
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`I also understand that Acceleration Bay will submit a copy of its summary
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`judgment papers with hyperlinks linking to complete true and accurate copies of the above
`
`reports.
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`5.
`
`I incorporate by reference the opinions set forth in my expert reports in the
`
`above referenced matter, and swear to their contents, as if fully set forth herein.
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`- 1 -
`
`
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`Case 1:16-cv-00453-RGA Document 452 Filed 02/02/18 Page 3 of 3 PageID #: 34094
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`6.
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`The statements and opinions set forth in my expert reports for this case are
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`true and accurate based on my personal knowledge and professional experience. My expert
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`reports also accurately reflect the facts and circumstances described therein.
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`7.
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`I expect to testify at trial in this action regarding the opinions set forth in
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`my expert reports, as well as on any other issues for which I have submitted or will submit an
`
`expert report in this action.
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`I declare under penalty of perjury of the laws of the United States that the
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`foregoing is true and correct to the best of my knowledge.
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`Executed this 2nd day of February, 2018.
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`- 2 -
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