`
`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.
`
`ACTIVISION BLIZZARD, INC.,
`
`Defendant.
`
`DECLARATION OF PAUL J. ANDRE IN SUPPORT OF
`PLAINTIFF ACCELERATION BAY LLC’S SUPPLEMENTAL BRIEF
`REGARDING ACTIVISION BLIZZARD, INC.’S INFRINGEMENT
`THROUGH THE SALE, MANUFACTURE AND USE OF SOFTWARE
`
`Philip A. Rovner (#3215)
`Jonathan A. Choa (#5319)
`POTTER ANDERSON & CORROON LLP
`Hercules Plaza
`P.O. Box 951
`Wilmington, DE 19899
`(302) 984-6000
`provner@potteranderson.com
`jchoa@potteranderson.com
`
`Attorneys for Plaintiff
`Acceleration Bay LLC
`
`OF COUNSEL:
`
`Paul J. Andre
`Lisa Kobialka
`KRAMER LEVIN NAFTALIS
` & FRANKEL LLP
`990 Marsh Road
`Menlo Park, CA 94025
`(650) 752-1700
`
`Aaron M. Frankel
`Cristina Martinez
`KRAMER LEVIN NAFTALIS
` & FRANKEL LLP
`1177 Avenue of the Americas
`New York, NY 10036
`(212) 715-9100
`
`Dated: June 1, 2018
`
`PUBLIC VERSION
`
`Public version dated: June 12, 2018
`
`
`
`Case 1:16-cv-00453-RGA Document 574 Filed 06/12/18 Page 2 of 4 PageID #: 46855
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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 for Plaintiff Acceleration Bay LLC (“Acceleration Bay”). 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 Supplemental Brief Regarding Activision Blizzard,
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`Inc.’s (“Activision”) Infringement Through the Sale, Manufacture and Use of Software.
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`2.
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`Attached hereto as Exhibit 113 is a true and correct copy of excerpts from
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`Acceleration Bay’s Infringement Claim Chart regarding Call of Duty Advanced Warfare and
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`Black Ops III, served on August 25, 2017.
`
`3.
`
`Attached hereto as Exhibit 114 is a true and correct copy of excerpts from
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`Acceleration Bay’s Infringement Claim Chart regarding Destiny Activity Broadcast Network,
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`served on August 25, 2017.
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`4.
`
`Attached hereto as Exhibit 115 is a true and correct copy of pages 126-127 from
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`the transcript of the motion for summary judgment hearing, held on May 17, 2018.
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`5.
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`Attached hereto as Exhibit 116 is a true and correct copy of excerpts from
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`Activision’s Form 10-K for the fiscal year ended December 31, 2016, bearing bates numbers
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`ATVI0030556-57.
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`6.
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`Attached hereto as Exhibit 117 is a true and correct copy of pages 139-140 and
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`258-262 from the transcript of the deposition of Patrick Dawson, taken on June 2, 2016.
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`7.
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`Attached hereto as Exhibit 118 is a true and correct copy of an article entitled,
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`“Blizzard outlines massive effort behind World of Warcraft,” authored by Brendan Sinclair,
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`available at https://www.gamespot.com/articles/blizzard-outlines-massive-effort-behind-world-
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`of-warcraft/1100-6228615/, dated September 17, 2009.
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`
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`Case 1:16-cv-00453-RGA Document 574 Filed 06/12/18 Page 3 of 4 PageID #: 46856
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`8.
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`Attached hereto as Exhibit 119 is a true and correct copy of pages 14-15 from the
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`transcript of the deposition of Kurtis Andrew McCathern, taken on September 8, 2017.
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`9.
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`Attached hereto as Exhibit 120 is a true and correct copy of pages 30 and 158
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`from the transcript of the deposition of Robert Kostich, taken on June 26, 2017.
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`10.
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`Attached hereto as Exhibit 121 is a true and correct copy of the List of Destiny
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`Updates, available at http://destiny.wikia.com/wiki/List_of_Destiny_Updates, last accessed on
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`May 30, 2018.
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`11.
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`Attached hereto as Exhibit 122 is a true and correct copy of list of updates for Call
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`of Duty Black Ops III, available at https://www.callofduty.com/blog, last accessed on June 1,
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`2018.
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`12.
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`Attached hereto as Exhibit 123 is a true and correct copy of an Activision
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`document entitled “Call of Duty T7 – Technical Design Document,” bearing bates numbers
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`ATVI0024998-5033.
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`13.
`
`Attached hereto as Exhibit 124 is a true and correct copy of pages 44-45 from the
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`transcript of the deposition of Pat Griffith, taken on May 17, 2016.
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`14.
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`Attached hereto as Exhibit 125 is a true and correct copy of Destiny Demonware
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`Wiki, bearing bates numbers ATVI0029908-46.
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`15.
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`Attached hereto as Exhibit 126 is a true and correct copy of an Activision
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`webpage showing job postings with highlighting added, available at
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`https://activision.referrals.selectminds.com/jobs/qa-tester-temporary-2230, last accessed on May
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`30, 2018.
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`3
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`
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`Case 1:16-cv-00453-RGA Document 574 Filed 06/12/18 Page 4 of 4 PageID #: 46857
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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 June 1, 2018, in Menlo Park, California.
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`/s/ Paul J. Andre
` Paul J. Andre
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`
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`5827514
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`4
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