`
`IN THE UNITED STATES DISTRICT COURT
`FOR THE DISTRICT OF DELAWARE
`
`C.A. No. 16-453-RGA
`
`)))))))))
`
`ACCELERATION BAY LLC,
`
`Plaintiff,
`
`v.
`
`ACTIVISION BLIZZARD, INC.,
`
`Defendant.
`
`DECLARATION OF AARON M. FRANKEL IN SUPPORT OF PLAINTIFF
`ACCELERATION BAY LLC’S OPPOSITION TO ACTIVISION’S MOTION TO
`PRECLUDE DAMAGES CLAIMS AND EVIDENCE
`
`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
`James Hannah
`KRAMER LEVIN NAFTALIS
` & FRANKEL LLP
`990 Marsh Road
`Menlo Park, CA 94025
`(650) 752-1700
`
`Aaron M. Frankel
`KRAMER LEVIN NAFTALIS
` & FRANKEL LLP
`1177 Avenue of the Americas
`New York, NY 10036
`(212) 715-9100
`
`Dated: October 8, 2018
`
`PUBLIC VERSION
`
`Public version dated: October 16, 2018
`
`
`
`Case 1:16-cv-00453-RGA Document 593 Filed 10/16/18 Page 2 of 3 PageID #: 48638
`
`I, Aaron M. Frankel, declare as follows:
`
`1.
`
`I am a partner with the law firm Kramer Levin Naftalis & Frankel LLP, counsel
`
`of record for Acceleration Bay LLC (“Acceleration Bay”) for the above referenced matters. I
`
`have personal knowledge of the facts stated herein and can testify competently to those facts. I
`
`make this declaration in support of Plaintiff Acceleration Bay LLC’s Opposition to Activision’s
`
`Motion to Preclude Damages Claims and Evidence.
`
`2.
`
`Attached hereto as Exhibit 1 is a true and correct copy of Plaintiff Acceleration
`
`Bay LLC’s Second Supplemental Objections & Responses to Defendant Activision Blizzard,
`
`Inc.’s First Set of Party Specific Interrogatories (No. 1), dated August 18, 2017.
`
`3.
`
`Attached hereto as Exhibits 2 is a true and correct copy of excerpts from
`
`Activision Blizzard, Inc.’s Brief In Support of Its Renewed Motion for Sanctions and Motion to
`
`Strike the Damages Opinion of Christine S. Meyer, Ph.D., dated October 20, 2017.
`
`4.
`
`Attached hereto as Exhibits 3 is a true and correct copy of excerpts from the
`
`transcript from a July 14, 2017 hearing before the Special Master.
`
`5.
`
`Attached hereto as Exhibit 4 is a true and correct copy of a letter from me to
`
`counsel for Activision, dated September 21, 2018.
`
`6.
`
`Attached hereto as Exhibit 5 is a true and correct copy of excerpts from the
`
`Expert Report of Christine S. Meyer, Ph.D., dated September 25, 2017.
`
`7.
`
`Attached hereto as Exhibit 6 is a true and correct copy of excerpts from the
`
`Deposition Transcript of John Garland, dated June 6, 2017.
`
`8.
`
`Attached hereto as Exhibit 7 is a true and correct copy of the LinkedIn profile for
`
`John Garland.
`
`1
`
`
`
`Case 1:16-cv-00453-RGA Document 593 Filed 10/16/18 Page 3 of 3 PageID #: 48639
`
`9.
`
`Attached hereto as Exhibit 8 is a true and correct copy of a document bearing
`
`Bates numbers AB-AB 004474 - AB-AB 004477.
`
`10.
`
`Attached hereto as Exhibit 9 is a true and correct copy of a excerpts from a
`
`document bearing Bates numbers ATVI0030932 - ATVI0030972.
`
`11.
`
`Attached hereto as Exhibit 10 is a true and correct copy of AVM Techs, LLC v.
`
`Intel Corp., 1:15-cv-00033-RGA, Docket No. 690 (D. Del. May 1, 2017).
`
`I declare under penalty of perjury under the laws of the United States that the foregoing is
`
`true and correct. Executed on October 8, 2018 in New York, New York.
`
`By: /s/ Aaron M. Frankel
`Aaron M. Frankel
`
`5955438
`
`2
`
`
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