Case 1:16-cv-00453-RGA Document 526 Filed 04/17/18 Page 1 of 8 PageID #: 43845
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`IN THE UNITED STATES DISTRICT COURT
`FOR THE DISTRICT OF DELAWARE
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`C.A. No. 16-453 (RGA)
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`ACCELERATION BAY LLC,
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`ACTIVISION BLIZZARD, INC.,
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`v.
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`Plaintiff,
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`Defendant.
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`[PROPOSED] VOIR DIRE TO JURY PANEL
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`Pursuant to D. Del. LR 47.1(a)(2), Defendant Activision Blizzard, Inc. submits the attached
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`MORRIS, NICHOLS, ARSHT & TUNNELL LLP
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`/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 Defendant
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`proposed voir dire to the jury panel.
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`OF COUNSEL:
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`Michael A. Tomasulo
`Gino Cheng
`David K. Lin
`Joe S. Netikosol
`WINSTON & STRAWN LLP
`333 South Grand Avenue, 38th Floor
`Los Angeles, CA 90071
`(213) 615-1700
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`David P. Enzminger
`Louis L. Campbell
`WINSTON & STRAWN LLP
`275 Middlefield Road, Suite 205
`Menlo Park, CA 94025
`(650) 858-6500
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`Dan K. Webb
`Kathleen B. Barry
`WINSTON & STRAWN LLP
`35 West Wacker Drive
`Chicago, IL 60601
`(312) 558-5600
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`

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`Case 1:16-cv-00453-RGA Document 526 Filed 04/17/18 Page 2 of 8 PageID #: 43846
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`Krista M. Enns
`WINSTON & STRAWN LLP
`101 California Street, 35th Floor
`San Francisco, CA 94111
`(415) 591-1000
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`Michael M. Murray
`Anup K. Misra
`WINSTON & STRAWN LLP
`200 Park Avenue,
`New York, NY 10166
`(212) 294-6700
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`
`Andrew R. Sommer
`Thomas M. Dunham
`Michael Woods
`Paul N. Harold
`Joseph C. Masullo
`WINSTON & STRAWN LLP
`1700 K Street, N.W.
`Washington, DC 20006
`(202) 282-5000
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`B. Trent Webb
`Aaron E. Hankel
`Jordan T. Bergsten
`Maxwell C. McGraw
`SHOOK HARDY & BACON LLP
`2555 Grand Boulevard
`Kansas City, MO 64108
`(816) 474-6550
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`April 17, 2018
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`Case 1:16-cv-00453-RGA Document 526 Filed 04/17/18 Page 3 of 8 PageID #: 43847
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`VOIR DIRE
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`Good morning, ladies and gentlemen. I am Judge Andrews. We are going to select a jury
`in a civil case called Acceleration Bay, LLC v. Activision Blizzard, Inc.
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` I
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` am going to ask you a series of questions to help the Court and the attorneys in the jury
`selection process. Before I ask any questions, I am going to ask the Deputy Clerk to swear the
`jury panel to answer any questions truthfully. (To Deputy, Please swear the panel).
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`If any of you answer “yes” to any of the questions that I ask, please raise your hand, and,
`when recognized by me, please stand, state your name and your jury number. At the end of the
`questions, the Deputy Clerk will ask some of you to take seats in the jury box, and, after that, the
`lawyers and I may ask those of you who answered “yes” to one or more questions to come up to
`the bench to discuss your answers with the lawyers and me.
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`The presentation of evidence in this case is expected to take __days, but jury
`deliberations could extend your service beyond that. The schedule that I expect to keep over the
`days of evidence presentation will include a morning break of fifteen minutes, a lunch break of
`an hour, and an afternoon break of fifteen minutes. We will start at 9:30 a.m. and finish no later
`than 5 p.m. each day.
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`1.
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`Does the schedule that I have just mentioned present a special problem to any of
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`you?
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`2.
`(Description of the case). This is a patent lawsuit involving video games. The
`Plaintiff is Acceleration Bay. Acceleration Bay owns patents relating to computer networks. It
`has sued the defendant Activision Blizzard (or “Activision”), which sells video games.
`Acceleration Bay says some of those video games infringe its patents. Activision denies
`infringement and also says that the patents are invalid. The jury in this case will be asked to
`decide whether the video games infringe the patents, and whether the patents are valid. For those
`of you who end up being on the jury, I will give more detailed instructions on the law later in the
`case.
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`Have any of you heard or read anything about this case?
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`3.
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`The lawyers and law firms involved in this case are:
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`Attorneys for Plaintiffs
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`Philip A. Rovner, Esquire
`Jonathan A. Choa, Esquire
`POTTER ANDERSON & CORROON LLP
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`Paul J. Andre, Esquire
`Lisa Kobialka, Esquire
`James R. Hannah, Esquire
`Hannah Lee, Esquire
`Yuridia Caire, Esquire
`Greg Proctor, Esquire
`Aaron M. Frankel, Esquire
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`Case 1:16-cv-00453-RGA Document 526 Filed 04/17/18 Page 4 of 8 PageID #: 43848
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`Jack B. Blumenfeld
`Stephen J. Kraftschik
`MORRIS, NICHOLS, ARSHT & TUNNELL LLP
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`Marcus A. Colucci, Esquire
`Cristina Martinez, Esquire
`KRAMER LEVIN NAFTALIS & FRANKEL LLP
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`Attorneys for Defendant
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`Michael A. Tomasulo
`Gino Cheng
`David K. Lin
`Joe S. Netikosol
`David P. Enzminger
`Louis L. Campbell
`Dan K. Webb
`Kathleen B. Barry
`Krista M. Enns
`Michael M. Murray
`Anup K. Misra
`Andrew R. Sommer
`Thomas M. Dunham
`Michael Woods
`Paul N. Harold
`Joseph C. Masullo
`WINSTON & STRAWN LLP
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`Trent Webb
`Aaron Hankel
`Jordan T. Bergsten
`SHOOK, HARDY & BACON LLP
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`Do any of you know any of the attorneys or law firms I have just named?
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`4.
`Have you or any member of your immediate family (such as a spouse, child,
`parent or sibling) had any business dealings with, or been employed by, any of these attorneys or
`law firms?
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`5.
`Have any of you or any member of your immediate families ever been employed
`by Acceleration Bay or Activision Blizzard?
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`6.
`Have any of you or any member of your immediate families ever owned stock in
`either of these companies?
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`7.
`Have any of you or any member of your immediate families ever had a business
`relationship with either of these companies?
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`2
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`Case 1:16-cv-00453-RGA Document 526 Filed 04/17/18 Page 5 of 8 PageID #: 43849
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`8.
`Have any of you or any member of your immediate families ever had any
`experience, good or bad, with either of these companies that might keep you from being a fair
`and impartial juror in this case?
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`9.
`Have you ever purchased or used any Activision video games, such as Call of
`Duty, World of Warcraft, or Destiny?
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`10. Do you have any opinions about Acceleration Bay or Activision that might keep
`you from being a fair and impartial juror in this case?
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`11. Have you or any member of your immediate family been employed by, had any
`business relationship with, or owned stock of The Boeing Company?
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`12. Do you have any strong opinions about The Boeing Company?
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`13.
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`The potential witnesses in this case are:
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`Plaintiff’s Witnesses
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`Dr. Harry Bims
`Dr. Eric Cole
`Patrick Conlin
`John Garland
`Dr. Michael Goodrich
`Dr. Nenad Medvidovic
`Dr. Christine Meyer
`Dr. Michael Mitzenmacher
`Dr. Ricardo Valerdi
`Joe Ward
`Virgil Bourassa
`Fred Holt
`Byron Beede
`Patrick Dawson
`Mark Gordon
`Pat Griffith
`John Kirk
`Robert Kostich
`Kurtis McCathern
`Joseph Rumsey
`Saralyn Smith
`Glen Van Datta
`Roger Wolfson
`John Yaney
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`3
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`Case 1:16-cv-00453-RGA Document 526 Filed 04/17/18 Page 6 of 8 PageID #: 43850
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`Defendant’s Witnesses
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`John P. J. Kelly, Ph.D.
`Michael R. Macedonia, Ph.D.
`David R. Karger, Ph.D.
`Catherine M. Lawton
`Scott Bennett, Ph.D.
`Fred B. Holt
`Virgil E. Bourassa
`Scott Smith
`Robert Abarbanel
`Albert Erismann
`Dan Kegel
`Saralyn Smith
`Pat Griffith
`Patrick Dawson
`Rob Kostich
`Byron Beede
`Roger D. Wolfson
`Mark Terrano
`John Kirk
`John Yaney1
`Kurtis McCathern
`Steve Caliguri
`Joseph Daniele
`Natasha Radovsky
`Joe Ward
`John Garland
`Mark Gordon
`Joe Rumsey
`Joseph Agiato
`Glenn Van Datta
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`Are you familiar with any of these potential witnesses?
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`14. Have you or any member of your immediate family ever been employed by the
`United States Patent and Trademark Office?
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`15. Have you or any member of your immediate family, or your employer, ever
`applied for, or obtained, a United States or foreign patent?
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`16. Have you or any member of your immediate family, or your employer, ever been
`involved in a dispute about patent rights?
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`17. Do you believe that when the government awards a patent, it believes the patent
`must have great value?
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`4
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`Case 1:16-cv-00453-RGA Document 526 Filed 04/17/18 Page 7 of 8 PageID #: 43851
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`18. Do you have any opinions about patents, patent rights, or the United States Patent
`and Trademark Office that might make it difficult for you to be a fair and impartial juror in this
`case?
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`19. Have you ever invented anything?
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`20. Have you ever had an idea or invention that was taken or used by someone else
`without your permission?
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`21. Have you ever felt that someone took credit for your work?
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`22. Have you, or any member of your immediate family ever owned a small
`business?
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`23. Have you or any member of your immediate family ever lost out on a business
`deal or opportunity due to what you believe to be unfair acts of a competitor or other person?
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`24. Have you or any member of your immediate family ever had a business venture
`that failed?
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`25. Do you think large companies often take advantage of smaller companies?
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`26. Have you served on a jury in a civil case within the last fifteen years?
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`27. Have you or a close friend or family member been a plaintiff or defendant in a
`lawsuit?
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`28. Have you considered filing a lawsuit because you had been wronged or harmed
`in some way?
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`29. Do you believe if a case gets to trial it must have substantial merit?
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`30. Do you have any experience with the design, manufacture or sale of video
`games?
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`31. Have you ever played video games?
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`32. Have you ever played video games on line?
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`33. Do you have any strong positive or negative feelings about video game
`companies?
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`34. Do you believe video games are harmful to young people who play them?
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`5
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`Case 1:16-cv-00453-RGA Document 526 Filed 04/17/18 Page 8 of 8 PageID #: 43852
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`35. Have you ever worked with computer networks or the Internet, or computer code
`or programming?
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`36. Do you have any specialized training relating to computer networks or the
`Internet, or computer code or programming?
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`37. Do you have any specialized training in economics or accounting?
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`38. Do you serve in a leadership position on a board or an organization, such as a
`school board or charitable organization?
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`39. Do you frequently post comments on line, including on Facebook, Twitter or a
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`blog?
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`40.
`If you are selected to sit as a juror in this case, are you aware of any reason why
`you would be unable to render a verdict based solely on the evidence presented at trial?
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`41.
`If you are selected to sit as a juror in this case, are you aware of any reason why
`you would not be able to follow the law as I give it to you?
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`42.
`Is there anything, such as poor vision, difficulty hearing, difficulty understanding
`spoken or written English, that would make it difficult for you to serve on this jury?
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`43.
`This is the last question. Is there anything else, including something you have
`remembered in connection with one of the earlier questions, that you would like to tell me in
`connection with your service as a juror in this case?
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`6
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