Case 1:16-cv-00453-RGA Document 493 Filed 03/07/18 Page 1 of 7 PageID #: 42684
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`PUBLIC VERSION
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`March 7, 2018
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`PUBLIC VERSION
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`March 7, 2018
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`Case 1:16-cv-00453-RGA Document 493 Filed 03/07/18 Page 2 of 7 PagelD #: 42685
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`I, Paul J. Andre, hereby declare as follows:
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`1,
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`I am an attorney with the law firm Kramer Levin Naftalis & Frankel LLP, counsel
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`of record forPlaintiff Acceleration Bay LLC (“Acceleration Bay”).
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`I have personal knowledge
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`of the facts set forth in this declaration and can testify competently to those facts. I submit this
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`declaration in support of Acceleration Bay’s Opposition to Defendant Activision Blizzard, Inc.’s
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`Motions for Summary Judgment and Exclude Expert Opinions.
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`2.
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`Attached hereto as Exhibit 63 is a true and correct copy of U.S. Patent No.
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`6,829,634 produced by Acceleration Bay, bearing bates numbers AB-AB 001086 — 141.
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`3.
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`Attached hereto as Exhibit 64 is a true and correct copy of U.S. Patent No.
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`6,910,069 produced by Acceleration Bay, bearing bates numbers AB-AB 001392 — 448.
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`4,
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`Attached hereto as Exhibit 65 is a true and correct copy of U.S. Patent No.
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`6,732,147 produced by Acceleration Bay, bearing bates numbers AB-AB 000779 — 836.
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`5.
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`Attached hereto as Exhibit 66 is a true and correct copy of the Supplemental
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`Reply Expert Report of Michael Mitzenmacher, Ph.D., Regarding Infringement by Activision
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`Blizzard Inc. of U.S. Patent Nos. 6,701,344; 6,829,634; 6,732,147; 6,714,966; 6,920,497;
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`6,910,069, dated January 2, 2018.
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`6.
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`Attached hereto as Exhibit 67 is a true and correct copy of the Expert Report of
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`Dr. Harry Bims Regarding Technology of U.S. Patent Nos. 6,701,344; 6,829,634; 6,732,147;
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`6,714,966; 6,920,497; 6,910,069, dated September 24, 2017, and accompanyingerrata dated
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`October 23, 2017.
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`7.
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`Attached hereto as Exhibit 68 is a true and correct copy of the Reply Expert
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`Report of Dr. Harry Bims Regarding Technology of U.S. Patent Nos. 6,701,344; 6,829,634;
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`6,732,147; 6,714,966; 6,920,497; 6,910,069, dated December14, 2017.
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`Case 1:16-cv-00453-RGA Document 493 Filed 03/07/18 Page 3 of 7 PagelD #: 42686
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`8.
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`Attached hereto as Exhibit 69 is a true and correct copy of the Expert Report of
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`Christine S. Meyer, Ph.D., dated September 25,2017, with accompanying errata dated October
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`30, 2017.
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`9,
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`Attached hereto as Exhibit 70 is a true and correct copy of the Reply Expert
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`Report of Christine S. Meyer, Ph.D., dated December14, 2017.
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`10.
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`Attached hereto as Exhibit 71 is a true and correct copy of the Expert Report of
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`Dr. Ricardo Valerdi Regarding Cost Estimates, dated September 23, 2017.
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`11.
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`Attached hereto as Exhibit 72 is a true and correct copy of pages 27-30, 35-36, 38,
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`42-43, 44-45, 47-49, 54-58, 68-70, 93-95, 179, 185-186, 190-191, 193-194, 199-202, 240-242,
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`250-253, and 262-266 from the transcript of the deposition of Dr. Michael Macedonia, taken on
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`January 8, 2018.
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`12.
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`Attached hereto as Exhibit 73 is a true and correct copy of the Software
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`Publishing and Development Agreement between Bungie, LLC and Activision Publishing,Inc.
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`produced by Acceleration Bay, bearing bates numbers AB-AB 002296 — 322.
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`13.
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`Attached hereto as Exhibit 74 is a true and correct copy of a webpage produced
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`by Acceleration Bay, bearing bates numbers AB-AB 009810 — 41.
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`14.
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`Attached hereto as Exhibit 75 is a true and correct copy of pages 82-85, 105-108,
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`177-178, and 237-238 from the transcript of the deposition of Roger D. Wolfson, taken on May
`10, 2017.
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`15,
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`Attached hereto as Exhibit 76 is a true and correct copy of pages 24-25, 30, 35-36,
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`102-104, 108-109, and 166-167 from the transcript of the deposition of John Kirk, taken on May
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`18, 2017.
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`Case 1:16-cv-00453-RGA Document 493 Filed 03/07/18 Page 4 of 7 PagelD #: 42687
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`16.
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`Attached hereto as Exhibit 77 is a true and correct copy of pages 121-123, and
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`148 from the transcript of the deposition of John Kelly, Ph.D., taken on January 25, 2018.
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`17.
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`Attached hereto as Exhibit 78is a true and correct copy of pages 46-49, 87-88,
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`106, 119-121, 123-124, 166-167, 174-175, 248-251, 276, 287, 295-296, 301-302, 319-320, 330,
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`and 337 from the transcript of the deposition of Pat Griffith, taken on May 17, 2016.
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`18.
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`Attached hereto as Exhibit 79 is a true and correct copy of pages 123-124, 159-
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`160, and 182-184 from the transcript of Nenad Medvidovic, Ph.D., taken on January 12, 2018.
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`19,
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`Attached hereto as Exhibit 80 is a true and correct copy of page 46 of the Expert
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`Report of Dr. John P.J. Kelly Regarding Non-Infringement of U.S. Patent Nos. 6,701,344;
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`6,829,634; 6,714,966; and 6,920,497, dated November13, 2017.
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`20.
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`Attached hereto as Exhibit 81 is a true and correct copy of webpage bearing bates
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`numbers MSFT/ACCELERATION BAY 000044 — 159.
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`21.
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`Attached hereto as Exhibit 82 is a true and correct copy of webpage bearing bates
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`numbers MSFT/SUB ACCELERATION BAY 000160 — 165.
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`22.
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`Attached hereto as Exhibit 83 is a true and correct copy of a webpage bearing
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`bates numbers MS/SUB ACCELERATIONBAY 000105 — 112.
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`23.
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`Attached hereto as Exhibit 84 is a copy of a webpage available at
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`https://en.wikipedia.org/wiki/Hash_function, last accessed on February 22, 2018.
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`24.
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`Attached hereto as Exhibit 85 is a true and correct copy of Defendant Activision
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`Blizzard, Inc.’s July 31, 2017 Supplemental Responses to Acceleration Bay LLC’s First Set of
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`CommonInterrogatories (No. 3) and Second Set of Common Interrogatories (No. 6) from
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`Acceleration Bay LLC y, Activision Blizzard, Inc., Case No. 16-cv-00453 (RGA) (D. Del.), dated
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`July 31, 2017.
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`Case 1:16-cv-00453-RGA Document 493 Filed 03/07/18 Page 5 of 7 PagelD #: 42688
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`25.
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`Attached hereto as Exhibit 86 is a true and correct copy of pages 68-70 from the
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`transcript of the proceedings held on January 29, 2018, in Acceleration Bay LLC y. Activision
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`Blizzard, Inc., Case No. 16-cv-00453-RGA(D. Del.).
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`26.
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`Attached hereto as Exhibit 87 is a true and correct copy of pages 64-65 and 87
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`from the transcript of the Markman hearing held on November21, 2017, in Acceleration Bay
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`LIC y., Activision Blizzard, Inc., Case No. 16-cv-00453-RGA,Acceleration Bay LLC v,
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`Electronic Arts Inc., Case No. 16-cv-00454-RGA,Acceleration Bay LLC v. Take-Two
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`Interactive Software, Inc., et al. Case No. 16-cv-00455-RGA(D. Del.).
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`27.
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`Attached hereto as Exhibit 88 is a true and correct copy of Activision’s Brief in
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`Support of its Renewed Motion for Sanctions and Motion to Strike Acceleration Bay’s
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`Infringement Reports from Acceleration Bay LLC y. Activision Blizzard, Inc., Case No, 16-cv-
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`00453 (RGA) (D. Del.), dated October 20, 2017.
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`28.
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`Attached hereto as Exhibit 89 is a true and correct copy of pages 97-101 and 127-
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`133 from the transcript of the proceedings held on November2, 2017, in Acceleration Bay LLC
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`vy. Activision Blizzard, Inc., Case No. 16-cv-00453 (RGA), Acceleration Bay LLC vy. Electronic
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`Arts Inc., Case No. 16-cv-00454 (RGA), Acceleration Bay LLC v. Take-Two Interactive
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`Software, Inc., et al. Case No. 16-cv-00455 (RGA)(D. Del.).
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`29.
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`Attached hereto as Exhibit 90 is a true and correct copy of pages 135-138, and
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`140-142 from the transcript of Michael Mitzenmacher, Ph.D., taken on January 5, 2018.
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`30.
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`Attached hereto as Exhibit 91 is a true and correct copy of the Verdict Form from
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`Uniloc USA, Inc., et al. v. Electronic Arts, Inc., Case No. 13-cv-00259-RWS(E.D. Tex.), dated
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`December5, 2014.
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`Case 1:16-cv-00453-RGA Document 493 Filed 03/07/18 Page 6 of 7 PagelD #: 42689
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`31.
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`Attached hereto as Exhibit 92 is a true and correct copy of the Confidential
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`Settlement and License Agreement between Uniloc USA,Inc. and Uniloc LuxembourgS.A.
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`produced by Activision Blizzard, Inc., bearing bates numbers ATVI0027591 — 602.
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`32.
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`Attached hereto as Exhibit 93 is a true and correct copy of Defendant Activision
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`Blizzard, Inc.’s Objections and Responsesto Plaintiff Acceleration Bay LLC’s First Set of Party-
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`Specific Interrogatories (Nos. 1-7) from Acceleration Bay LLC y. Activision Blizzard, Inc., Case
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`No. 16-cv-00453 (RGA) (D. Del.), dated July 7, 2017.
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`33.
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`Attached hereto as Exhibit 94 is a true and correct copy of Plaintiffs’ Original
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`Complaint for Patent Infringement from Uniloc USA, Inc., et al. v. Activision Blizzard, Inc., Case
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`No. 13-cv-00256-LED (E.D. Tex.), dated March 21, 2013.
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`34.
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`Attached hereto as Exhibit 95 is a true and correct copy of pages 125, 130-133,
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`142-143, 205-209, 236, and 246-248 from the transcript of Christine S. Meyer, Ph.D., taken on
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`January 23, 2018.
`35.
`Attached hereto as Exhibit 96 is a true and correct copy ofpage 19 ofthe Rebuttal
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`Expert Report of Catharine M. Lawton, dated November13, 2017.
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`36.
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`Attached hereto as Exhibit 97is a true and correct copy of pages 20-21 and 93-94
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`from the transcript of the deposition of Catharine Mary Lawton, taken on January 25, 2018.
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`37.
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`Attached hereto as Exhibit 98 is a true and correct copy of pages 8-9, 16, 20-21
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`and 34-35 from the transcript of the deposition of Natasha Radovsky, taken on May4, 2017.
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`38.|Attached hereto as Exhibit 99 is a true and correct copy of the Memorandum
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`Opinion and Order on Defendants’ Motions to Exclude Expert Testimony of Christopher Lampe,
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`Arthur Erdman, and Julie Davis from 3M Innovative Properties Co., et al. y. Louis M. Gerson
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`Co., Inc., et al., Case No. 08-cv-04960 (JRT/FLN) (D. Minn.), dated March 31, 2011.
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`Case 1:16-cv-00453-RGA Document 493 Filed 03/07/18 Page 7 of 7 PagelD #: 42690
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`39.
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`Attached hereto as Exhibit 100 is a true and correct copy of pages 198-204, and
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`213 from the transcript of the deposition of Harry Bims, Ph.D., taken on January 4, 2018.
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`40.
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`Attached hereto as Exhibit 101 is a true and correct copy of Activision Blizzard,
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`Inc.’s Brief in Support of its Renewed Motion for Sanctions and Motion to Strike the Damages
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`Opinion of Christine S. Meyer, Ph.D. from Acceleration Bay LLC y. Activision Blizzard, Inc.,
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`Case No. 16-cv-00453 (RGA) (D. Del.), dated October 20, 2017.
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`41,
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`Attached hereto as Exhibit 102 is a true and correct copy of the Letter Brief in
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`Support of Acceleration Bay’s Opposition to Activision’s Motion to Strike Damages Report
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`from Acceleration Bay LLC vy. Activision Blizzard, Inc., Case No. 16-cv-00453 (RGA)(D. Del.),
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`dated October 30, 2017.
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`I declare under penalty of perjury under the laws of the United States of America that the
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`foregoing is true and correct. Executed on February 23, 2018, in Menlo Park, California.
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`/s/ Paul J. Andre
`Paul J. Andre
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