Case 1:16-cv-00453-RGA Document 597 Filed 10/16/18 Page 1 of 8 PageID #: 48691
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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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`))))))))))
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`ACCELERATION BAY LLC,
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`ACTIVISION BLIZZARD, INC.,
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`Plaintiff,
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`v.
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`Defendant.
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`PROPOSED 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 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 5 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. Does the schedule that I have just mentioned present a special problem to any of you?
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`2. This is a patent infringement lawsuit involving computer game products. The
`Plaintiff is Acceleration Bay. Acceleration Bay owns patents relating to computer
`networking technology. It has sued the defendant, Activision Blizzard Inc., or in
`short, “Activision.” Activision makes and sells video games. Acceleration Bay, the
`Plaintiff, alleges that some of those video games infringe its computer networking
`patents. Activision, the Defendant, denies infringement and also alleges that the
`patents are invalid. The jury in this case will be asked to decide whether certain
`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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`Case 1:16-cv-00453-RGA Document 597 Filed 10/16/18 Page 2 of 8 PageID #: 48692
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`3. Have any of you heard or read anything about this case from any source, including
`from another person, a press release or the news media?
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`4. Acceleration Bay is also involved with ongoing disputes with Electronic Arts. Have
`any of you heard or read anything about the disputes between Acceleration Bay and
`Electronic Arts from any source, including from another person, a press release or the
`news media?
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`5. Acceleration Bay is also involved with ongoing disputes with Take-Two Interactive
`Software, Inc. and its related companies, including Rockstar Games, Inc. and 2K
`Sports, Inc. Have any of you heard or read anything about the disputes between
`Acceleration Bay and Take-Two related companies from any source, including from
`another person, a press release or the news media?
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`6. Have any of you heard or read anything about Acceleration Bay from any source,
`including from another person, a press release or the news media?
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`7. Have any of you or your immediate families ever owned stock in any of these
`companies?
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`8. Have any of you or your immediate families ever had a business relationship with any
`of these companies?
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`9. Have any of you ever used any video games provided by Activision? These include
`video gaming products identified under the brand names “Destiny,” “World of
`Warcraft” and “Call of Duty,” among others.
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`10. Have any of you ever used any video games provided by Electronic Arts? These
`include video gaming products identified under the brand names “FIFA series,”
`“NHL series,” “Plants vs Zombies series,” and “PGA series,” among others.
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`11. Have any of you ever used any video games provided by Take-Two Interactive
`Software, Inc., Rockstar Games, Inc. or 2K Sports, Inc.? These include video gaming
`products identified under the brand names “Grand Theft Auto series” and “NBA2K
`series,” among others.
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`12. Have any of you ever used any online multiplayer video games other than those
`provided by Activision, EA, Take-Two, Rockstar Games or 2K Sports?
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`13. Have any of you or your immediate families ever been employed by any of these
`companies prior to today?
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`14. Have any of you or your immediate families ever had any experience, good or bad,
`with any of these companies, that might keep you from being a fair and impartial
`juror in this case?
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`15. Do you possess any opinions about any of these companies that might keep you from
`being a fair and impartial juror in this case?
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`Case 1:16-cv-00453-RGA Document 597 Filed 10/16/18 Page 3 of 8 PageID #: 48693
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`16. The law firms involved in this case are (in alphabetical order):
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`a. Fox Rothschild.
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`b. Kramer Levin Naftalis & Frankel LLP;
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`c. Morris, Nichols, Arsht & Tunnell LLP;
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`d. Phillips, Goldman, McLaughlin & Hall, P.A.;
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`e. Potter Anderson & Corroon, LLP;
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`f. Shook, Hardy & Bacon, LLP; and
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`g. Winston & Strawn LLP,
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`The lawyers who appeared in this case and who may appear at trial are (in
`alphabetical order):
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`a. Paul Andre;
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`b. Kathleen B. Barry;
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`c. Jordan T. Bergsten
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`d. Jack B. Blumenfeld;
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`e. Yuridia Caire;
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`f. Louis L. Campbell;
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`g. Gino Cheng;
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`h. Jonathan A. Choa;
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`i. Thomas M. Dunham;
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`j. Krista M. Enns;
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`k. David P. Enzminger;
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`l. Aaron M. Frankel;
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`m. Aaron E. Hankel;
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`n. James R. Hannah;
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`o. Paul N. Harold;
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`Case 1:16-cv-00453-RGA Document 597 Filed 10/16/18 Page 4 of 8 PageID #: 48694
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`p. Lisa Kobialka;
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`q. Stephen J. Kraftschik;
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`r. Michael Lee;
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`s. David K. Lin;
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`t. Cristina Martinez;
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`u. Joseph C. Masullo;
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`v. McGraw C. Maxwell;
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`w. Anup K. Misra;
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`x. Michael M. Murray;
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`y. Joe S. Netikosol;
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`z. John C. Phillips, Jr.;
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`aa. Philip A. Rovner;
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`bb. Andrew R. Sommer;
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`cc. Michael A. Tomasulo;
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`dd. B. Trent Webb;
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`ee. Dan K. Webb;
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`ff. Gregory Brian Williams.
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`Do any of you or your immediate families, such as spouse, child, parent, or sibling,
`know any of the attorneys working at the law firms I have just named, including the
`attorney I identified?
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`17. Have any of you or your immediate families had any business dealings with, or been
`employed by, any of these attorneys or law firms?
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`18. The potential witnesses in this case are (in alphabetical order):
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`a. Robert Abarbanel;
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`b. Joseph Agiato;
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`c. Byron Beede;
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`Case 1:16-cv-00453-RGA Document 597 Filed 10/16/18 Page 5 of 8 PageID #: 48695
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`d. Scott Bennett;
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`e. Harry Bims;
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`f. Virgil Bourassa;
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`g. Steven Caliguri;
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`h. Eric Cole;
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`i. Patrick Conlin;
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`j. Patrick Dawson;
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`k. John Garland;
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`l. Michael Goodrich;
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`m. Mark Gordon;
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`n. Pat Griffith;
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`o. Fred Holt;
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`p. David Karger;
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`q. Daniel Kegel;
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`r. John Kelly;
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`s. John Kirk;
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`t. Robert Kostich;
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`u. Catharine Lawton;
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`v. Michael Macedonia;
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`w. Kurtis McCathern;
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`x. Nenad Medvidovic;
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`y. Christine Meyer;
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`z. Michael Mitzenmacher;
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`aa. Natasha Radovsky;
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`bb. Joseph Rumsey;
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`Case 1:16-cv-00453-RGA Document 597 Filed 10/16/18 Page 6 of 8 PageID #: 48696
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`cc. Saralyn Smith;
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`dd. Scott Smith;
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`ee. Mark Terrano;
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`ff. Ricardo Valerdi;
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`gg. Joe Ward;
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`hh. Roger Wolfson; and
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`ii. John Yaney.
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`Are you familiar with any of these potential witnesses?
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`19. Have you or any member of your immediate family ever been employed by the
`United States Patent and Trademark Office?
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`20. Have you or someone close to you ever applied for or obtained a United States or
`foreign patent? If so, what was the subject matter of the patent?
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`21. Have you or any member of your immediate family ever been involved in a dispute
`about patent rights, copyrights or trademarks?
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`22. 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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`23. Have you ever worked for a company that owns patents?
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`24. Have you ever worked for a company that licenses patents?
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`25. Has your employer ever been involved in a patent infringement lawsuit?
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`26. Do you have strong feelings for or against compensating a patent holder for the use of
`its patented invention?
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`27. Does it matter to you whether a patent holder purchased a patent versus developing a
`patent itself?
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`28. Do you or someone close to you have any education, training, or work experience in
`the following areas?
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` Engineering
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` Accounting
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`Case 1:16-cv-00453-RGA Document 597 Filed 10/16/18 Page 7 of 8 PageID #: 48697
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` Statistics or econometrics
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` Law
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` Computer Programming
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`
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`Information Technology
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`29. Have you served on a jury in a civil case within the last fifteen years? If so:
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` Was it a civil or criminal case?
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` Were you the foreperson?
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`30. Was there anything about your experience as a juror that would affect your ability to
`serve as a juror in this case?
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`31. Do you know, or know of, any of the other members of this jury panel? If so, please
`describe how you know that person and how long you have known that person.
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`32. Have you or someone close to you ever been a party to a lawsuit? If so:
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` What was your role in the lawsuit?
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` What was the subject matter of the lawsuit?
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`33. Was the outcome satisfactory? 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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`34. 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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`35. 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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`36. Do you have any experience with making video games?
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`37. Have you ever been employed to make video games?
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`38. Do you know, or know of, Judge Andrews of this Court or any of the Court’s staff,
`including the clerk, bailiff, reporter, law clerks, or secretary? If so, please identify
`whom you know, the nature of your relationship, and how long you have known that
`person.
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`39. This is the last question. Is there anything else, including something you have
`remembered in connection with one of the earlier questions, that you think you would
`like to tell me in connection with your service as a juror in this case?
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`Case 1:16-cv-00453-RGA Document 597 Filed 10/16/18 Page 8 of 8 PageID #: 48698
`Case 1:16-cv-00453-RGA Document 597 Filed 10/16/18 Page 8 of 8 PagelD #: 48698
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