Case 1:16-cv-00453-RGA Document 468 Filed 02/13/18 Page 1 of 6 PageID #: 38930
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`IN THE UNITED STATES DISTRICT COURT
`FOR THE DISTRICT OF DELAWARE
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`ACCELERATION BAY LLC,
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`Plaintiff,
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`v.
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`ACTIVISION BLIZZARD, INC.,
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`Defendant.
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`)
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`C.A. No. 16-453 (RGA)
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`REDACTED
`PUBLIC VERSION
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`DECLARATION OF KATHLEEN B. BARRY IN SUPPORT OF
`ACTIVISION’S MOTIONS FOR SUMMARY JUDGMENT AND
`EXCLUSION OF PLAINTIFF’S EXPERT WITNESSES
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`I, Kathleen B. Barry, declare:
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`1.
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`I am a Partner at the law firm of Winston & Strawn LLP and counsel to
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`Activision Blizzard, Inc. (“Activision”) in the above-captioned matter. I declare that the
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`following statements are true to the best of my knowledge, information, and belief, and that if
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`called upon to testify, I could and would testify competently thereto. I make this declaration in
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`support of Activision’s Motions for Summary Judgment and Exclusion of Plaintiff’s Expert
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`Witnesses.
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`2.
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`Attached as Exhibit A-1 is a true and correct copy of excerpts from the Expert
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`Report of Nenad Medvidović, Ph.D., dated September 23, 2017.
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`3.
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`Attached as Exhibit A-2 is a true and correct copy of excerpts from the Expert
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`Report of Michael Mitzenmacher, Ph.D., dated September 23, 2017.
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`4.
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`Attached as Exhibit A-3 is a true and correct copy of excerpts from the Reply
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`Expert Report of Nenad Medvidović, Ph.D., dated December 14, 2017.
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`
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`IN THE UNITED STATES DISTRICT COURT
`FOR THE DISTRICT OF DELAWARE
`
`ACCELERATION BAY LLC,
`
`Plaintiff,
`
`v.
`
`ACTIVISION BLIZZARD, INC.,
`
`Defendant.
`
`)
`)
`)
`)
`)
`)
`)
`)
`)
`
`C.A. No. 16-453 (RGA)
`
`REDACTED
`PUBLIC VERSION
`
`DECLARATION OF KATHLEEN B. BARRY IN SUPPORT OF
`ACTIVISION’S MOTIONS FOR SUMMARY JUDGMENT AND
`EXCLUSION OF PLAINTIFF’S EXPERT WITNESSES
`
`I, Kathleen B. Barry, declare:
`
`1.
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`I am a Partner at the law firm of Winston & Strawn LLP and counsel to
`
`Activision Blizzard, Inc. (“Activision”) in the above-captioned matter. I declare that the
`
`following statements are true to the best of my knowledge, information, and belief, and that if
`
`called upon to testify, I could and would testify competently thereto. I make this declaration in
`
`support of Activision’s Motions for Summary Judgment and Exclusion of Plaintiff’s Expert
`
`Witnesses.
`
`2.
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`Attached as Exhibit A-1 is a true and correct copy of excerpts from the Expert
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`Report of Nenad Medvidović, Ph.D., dated September 23, 2017.
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`3.
`
`Attached as Exhibit A-2 is a true and correct copy of excerpts from the Expert
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`Report of Michael Mitzenmacher, Ph.D., dated September 23, 2017.
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`4.
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`Attached as Exhibit A-3 is a true and correct copy of excerpts from the Reply
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`Expert Report of Nenad Medvidović, Ph.D., dated December 14, 2017.
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`
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`Case 1:16-cv-00453-RGA Document 468 Filed 02/13/18 Page 2 of 6 PageID #: 38931
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`5.
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`Attached as Exhibit A-4 is a true and correct copy of excerpts from the Reply
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`Expert Report of Michael Mitzenmacher, Ph.D., dated December 14, 2017.
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`6.
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`Attached as Exhibit A-5 is a true and correct copy of excerpts from the
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`Supplemental Reply Expert Report of Nenad Medvidović, Ph.D., dated January 5, 2018.
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`7.
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`Attached as Exhibit A-6 is a true and correct copy of excerpts from the
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`Supplemental Reply Expert Report of Michael Mitzenmacher, Ph.D., dated January 2, 2018.
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`8.
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`Attached as Exhibit A-7 is a true and correct copy of excerpts from the
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`confidential source code for Call of Duty.
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`9.
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` Attached as Exhibit A-8 is a true and correct copy of excerpts from the
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`confidential source code for World of Warcraft
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`10.
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`Attached as Exhibit A-9 is a true and correct copy of excerpts from the
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`confidential source code for Destiny.
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`11.
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`Attached as Exhibit A-10 is a true and correct copy of excerpts from Expert
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`Report of Nenad Medvidović, Ph.D., dated September 23, 2017 and from the Expert Report of
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`Michael Mitzenmacher, Ph.D., dated September 23, 2017 related to the doctrine of equivalence.
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`12.
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`Attached as Exhibit B-1 is a true and correct copy of excerpts from the Expert
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`Report of David R. Karger, Ph.D., dated September 25, 2017.
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`13.
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`Attached as Exhibit B-2 is a true and correct copy of excerpts from the Expert
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`Report of Michael Goodrich, Ph.D., dated November 13, 2017.
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`14.
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`Attached as Exhibit B-3 is a true and correct copy of excerpts from the Reply
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`Expert Report of David R. Karger, Ph.D., dated December 14, 2017.
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`15.
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`Attached as Exhibit B-4 is a true and correct copy of excerpts from the
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`Supplemental Expert Report of David R. Karger, Ph.D., dated January 23, 2018.
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`2
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`Case 1:16-cv-00453-RGA Document 468 Filed 02/13/18 Page 3 of 6 PageID #: 38932
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`16.
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`Attached as Exhibit C-1 is a true and correct copy of the Expert Report of Dr.
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`Harry Bims, dated September 24, 2017.
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`17.
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`Attached as Exhibit C-2 is a true and correct copy of the Expert Report of Dr.
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`Ricardo Valerdi, dated September 23, 2017, and errata, dated October 23, 2017.
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`18.
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`Attached as Exhibit C-3 is a true and correct copy of excerpts from the Expert
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`Report of Christine S. Meyer, Ph.D., dated September 25, 2017 and errata, dated October 31,
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`2017.
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`19.
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`Attached as Exhibit C-4 is a true and correct copy of the Reply Expert Report of
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`Dr. Harry Bims, dated December 14, 2017.
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`20.
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`Attached as Exhibit C-5 is a true and correct copy of the Reply Expert Report of
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`Dr. Christine S. Meyer, Ph.D., dated December 14, 2017.
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`21.
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`Attached as Exhibit E-1 is a true and correct copy of excerpts from the videotaped
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`deposition of Virgil Evan Bourassa, dated February 13, 2017.
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`22.
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`Attached as Exhibit E-2 is a true and correct copy of excerpts from the videotaped
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`deposition of Virgil Bourassa, dated July 18, 2017.
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`23.
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`Attached as Exhibit E-3 is a true and correct copy of excerpts from the videotaped
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`deposition of Roger D. Wolfson, dated May 10, 2017, and errata.
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`24.
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`Attached as Exhibit E-4 is a true and correct copy of excerpts from the deposition
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`of Pat Griffith, dated May 17, 2016, and errata.
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`25.
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`Attached as Exhibit E-5 is a true and correct copy of excerpts from the video
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`deposition of John Kirk, dated May 18, 2017, and errata.
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`26.
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`Attached as Exhibit E-6 is a true and correct copy of excerpts from the videotaped
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`deposition of Fred B. Holt, Ph.D., dated May 31, 2017.
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`3
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`Case 1:16-cv-00453-RGA Document 468 Filed 02/13/18 Page 4 of 6 PageID #: 38933
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`27.
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`Attached as Exhibit E-7 is a true and correct copy of excerpts from the videotaped
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`deposition of Michael Goodrich, Ph.D., dated December 20, 2017, and errata.
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`28.
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`Attached as Exhibit E-8 is a true and correct copy of excerpts from the transcript
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`of testimony of Kurtis McCathern, dated September 8, 2017.
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`29.
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`Attached as Exhibit E-9 is a true and correct copy of excerpts from the videotaped
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`deposition of Patrick Dawson, dated June 2, 2016.
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`30.
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`Attached as Exhibit E-10 is a true and correct copy of excerpts from the transcript
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`of testimony of Christine S. Meyer, Ph.D., dated January 23, 2018.
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`31.
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`Attached as Exhibit E-11 is a true and correct copy of excerpts from the
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`videotaped deposition of Ricardo Valerdi, Ph.D., dated December 21, 2017.
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`32.
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`Attached as Exhibit E-12 is a true and correct copy of excerpts from the
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`videotaped deposition of Nenad Medvidovic, Ph.D., dated January 12, 2018.
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`33.
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`Attached as Exhibit E-13 is a true and correct copy of excerpts from the transcript
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`of the Markman Hearing Before the Honorable Richard G. Andrews, dated November 11, 2017.
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`34.
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`Attached as Exhibit E-14 is a true and correct copy of excerpts from the
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`videotaped deposition of Michael Mitzenmacher, Ph.D., dated January 5, 2018.
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`35.
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`Attached as Exhibit E-15 is a true and correct copy of excerpts from the
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`videotaped deposition of Expert Harry Bims, Ph.D., dated January 4, 2018, and errata.
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`36.
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`Attached as Exhibit F-1 is a true and correct copy of Plaintiff Acceleration Bay
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`LLC’s Letter Brief in Opposition to Activision’s Motion to Compel, dated July 12, 2017.
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`37.
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`Attached as Exhibit F-2 is a true and correct copy of an excerpt from Plaintiff
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`Acceleration Bay LLC’s Second Supplemental Objections & Responses to Defendant Activision
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`Blizaard, Inc.’s First Set of Party Specific Interrogatories (No. 1), dated August, 18, 2017.
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`4
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`Case 1:16-cv-00453-RGA Document 468 Filed 02/13/18 Page 5 of 6 PageID #: 38934
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`38.
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`Attached as Exhibit F-3 is a true and correct copy of an agreement entered into by
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`Activision Publishing, Inc. and Bungie, Inc. on September 13, 2013.
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`39.
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`Attached as Exhibit F-4 is a true and correct copy of excerpts from Acceleration
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`Bay, LLC’s Preliminary Response to Petition Pursuant to 37 C.F.R. § 42.107.
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`40.
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`Attached as Exhibit F-5 is a true and correct copy of a Transmittal of Amendment
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`Under 37 C.F.R. § 1.111, dated September 10, 2003.
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`41.
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`Attached as Exhibit F-6 is a true and correct copy of excerpts from a Declaration
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`of Michael Goodrich, Ph.D., dated July 18, 2016.
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`42.
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`Attached as Exhibit F-7 is a true and correct copy of excerpts of a presentation
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`entitled “Matchmaking in Destiny,” which was produced by Bungie.
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`I declare under penalty of perjury that the foregoing is true and correct. Executed this
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`2nd day of February, 2018, in Chicago, Illinois.
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`/s/ Kathleen B. Barry
`Kathleen B. Barry
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`5
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`
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`Case 1:16-cv-00453-RGA Document 468 Filed 02/13/18 Page 6 of 6 PageID #: 38935
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`CERTIFICATE OF SERVICE
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`I hereby certify that on February 13, 2018, I caused the foregoing to
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`be electronically filed with the Clerk of the Court using CM/ECF, which will send
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`notification of such filing to all registered participants.
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`I further certify that I caused copies of the foregoing document to be served
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`on February 13, 2018, upon the following in the manner indicated:
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`Philip A. Rovner, Esquire
`Jonathan A. Choa, Esquire
`POTTER ANDERSON & CORROON LLP
`1313 North Market Street, 6th Floor
`Wilmington, DE 19801
`Attorneys for Plaintiff
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`Paul J. Andre, Esquire
`Lisa Kobialka, Esquire
`James R. Hannah, Esquire
`Hannah Lee, Esquire
`Yuridia Caire, Esquire
`Greg Proctor, Esquire
`KRAMER LEVIN NAFTALIS & FRANKEL LLP
`990 Marsh Road
`Menlo Park, CA 94025
`Attorneys for Plaintiff
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`Aaron M. Frankel, Esquire
`Marcus A. Colucci, Esquire
`KRAMER LEVIN NAFTALIS & FRANKEL LLP
`1177 Avenue of the Americas
`New York, NY 10036
`Attorneys for Plaintiff
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`VIA ELECTRONIC MAIL
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`VIA ELECTRONIC MAIL
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`VIA ELECTRONIC MAIL
`
`
`/s/ Stephen J. Kraftschik
`________________________________
`Stephen J. Kraftschik (#5623)
`
`
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