`
`1313 North Market Street
`P.O. Box 951
`Wilmington, DE 19899-0951
`302 984 6000
`www.potteranderson.com
`
`Philip A. Rovner
`Partner
`Attorney at Law
`provner@potteranderson.com
`302 984-6140 Direct Phone
`302 658-1192 Firm Fax
`
`April 17, 2018
`
`BY CM/ECF & HAND DELIVERY
`
`The Honorable Richard G. Andrews
`U.S. District Court for the District of Delaware
`U.S. Courthouse
`844 North King Street
`Wilmington, DE 19801
`
`Re:
`
`Acceleration Bay LLC v. Activision Blizzard, Inc.,
`D. Del., C.A. No. 16-453-RGA
`
`Dear Judge Andrews:
`
`Acceleration Bay seeks leave to serve short supplemental infringement expert reports to
`address the Court’s new construction for Term 4. D.I. 519.
`
`There is good cause to provide such supplements. Acceleration Bay’s infringement
`experts, Drs. Medvidović and Mitzenmacher, provided infringement opinions for the claims,
`including Term 4, based on the Court’s then-controlling August 29, 2017 construction of that
`Term. D.I. 275. On April 10, 2018, the Court granted Defendants’ Motion for Clarification and
`significantly modified the construction of Term 4, making supplementation appropriate. D.I.
`519. Activision acknowledges as much in its own letter seeking leave to serve a supplemental
`non-infringement motion. D.I. 522 at 1 (“Activision submits that good cause exists to allow it to
`file the requested supplement. This claim construction issue was not resolved when Activision
`filed its Motion for Summary Judgment on February 2, 2018, so Activision could not have
`raised it at that time.”) (emphasis added). So too, Acceleration Bay could not have addressed
`the Court’s clarified claim construction when it served its infringement expert reports.
`
`There will be no prejudice to Activision. The supplemental reports will be brief and
`consistent with the infringement opinions already offered by Drs. Medvidović and
`Mitzenmacher, and will demonstrate that the accused products continue to infringe under the
`Court’s modified construction. Acceleration Bay can provide these supplemental reports within
`six days (i.e., by April 23, 2018).
`
`
`
`Case 1:16-cv-00453-RGA Document 524 Filed 04/17/18 Page 2 of 2 PageID #: 43817
`The Honorable Richard G. Andrews
`April 17, 2018
`Page 2
`
`Respectfully,
`
`/s/ Philip A. Rovner
`
`Philip A. Rovner (#3215)
`
`cc: All Counsel of Record (via ECF Filing and E-mail)
`5747959
`
`