Case 1:16-cv-00453-RGA Document 624 Filed 11/15/18 Page 1 of 5 PageID #: 49934
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`IN THE UNITED STATES DISTRICT COURT
`FOR THE DISTRICT OF DELAWARE
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`Civil Action No. 16-453-RGA
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`. Caleb Boggs Courthouse
`844 King Street
`Wilmington, Delaware
`Wednesday, October 24, 2018
`3:13 p.m.
`Teleconference in Chambers
`
`ACCELERATION BAY, LLC
`Plaintiff,
`
`v.
`ACTIVISION BLIZZARD, INC.,
`Defendant.
`
`BEFORE: THE HONORABLE RICHARD G. ANDREWS, U.S.D.C.J.
`
`APPEARANCES:
`
`PHILIP A. ROVNER, ESQUIRE
`POTTER ANDERSON & CORROON, LLP
`1313 N. Market Street, 6th Floor
`Hercules Building
`Wilmington, Delaware 19899
`-and-
`PAUL ANDRE, ESQUIRE
`LISA KOBIALKA, ESQUIRE
`AARON M. FRANKEL, ESQUIRE
`KRAMER LEVIN NAFTALIS & FRANKEL, LLP
`990 Marsh Road
`Menlo Park, California 94025
`For the Plaintiff
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`1
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`IN THE UNITED STATES DISTRICT COURT
`FOR THE DISTRICT OF DELAWARE
`
`Civil Action No. 16-453-RGA
`
`))
`
`)))
`
`))
`
`))
`
`) J
`
`. Caleb Boggs Courthouse
`844 King Street
`Wilmington, Delaware
`Wednesday, October 24, 2018
`3:13 p.m.
`Teleconference in Chambers
`
`ACCELERATION BAY, LLC
`Plaintiff,
`
`v.
`ACTIVISION BLIZZARD, INC.,
`Defendant.
`
`BEFORE: THE HONORABLE RICHARD G. ANDREWS, U.S.D.C.J.
`
`APPEARANCES:
`
`PHILIP A. ROVNER, ESQUIRE
`POTTER ANDERSON & CORROON, LLP
`1313 N. Market Street, 6th Floor
`Hercules Building
`Wilmington, Delaware 19899
`-and-
`PAUL ANDRE, ESQUIRE
`LISA KOBIALKA, ESQUIRE
`AARON M. FRANKEL, ESQUIRE
`KRAMER LEVIN NAFTALIS & FRANKEL, LLP
`990 Marsh Road
`Menlo Park, California 94025
`For the Plaintiff
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`Case 1:16-cv-00453-RGA Document 624 Filed 11/15/18 Page 2 of 5 PageID #: 49935
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`APPEARANCES CONTINUED:
`JACK B. BLUMENFELD, ESQUIRE
`MORRIS NICHOLS ARSHT & TUNNELL, LLP
`1201 North Market Street
`Wilmington, Delaware 19899
`-and-
`DAVID P. ENZMINGER, ESQUIRE
`MICHAEL TOMASULO, ESQUIRE
`KATHLEEN B. BARRY, ESQUIRE
`WINSTON & STRAWN, LLP
`333 S. Grand Avenue, 38th Floor
`Los Angeles, California 90071
`-and-
`B. TRENT WEBB, ESQUIRE
`SHOOK HARDY & BACON, L.L.P.
`2555 Grand Boulevard
`Kansas City, Missouri 64108-2613
`For the Defendant
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`Case 1:16-cv-00453-RGA Document 624 Filed 11/15/18 Page 3 of 5 PageID #: 49936
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`THE COURT: Good afternoon. This is Judge
`Andrews in Acceleration Bay versus Activision Blizzard.
`Civil Action Number 16-453.
`I understand we have counsel for both
`Acceleration Bay and for Activision Blizzard on the line.
`Mr. Rovner, are you there?
`MR. ROVNER: Yes, I am, Your Honor.
`THE COURT: All right. And Mr. Blumenfeld, are
`
`you?
`
`MR. BLUMENFELD: Yes, I am, Your Honor.
`THE COURT: Okay. So basically I was calling
`because I spent quite a bit of time trying to work my way
`through the various submissions, and I wanted to tell you
`where I am, which is this: I think that the damages issues
`in this case are up in the air sufficiently so that I'm not
`going to be able to decide them confidently in the time
`remaining before Monday. Thus, I want you to consider
`alternatives.
`And so alternative A is that we could try the
`infringement and willfulness case next week, bifurcate the
`damages. That would give me time to fully consider whether
`to exclude plaintiff's damages case on either Daubert or
`Pennypack grounds, whether to grant summary judgment of no
`damages, whether to allow plaintiff to file supplemental
`expert reports, if I decided to exclude the current damages
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`Case 1:16-cv-00453-RGA Document 624 Filed 11/15/18 Page 4 of 5 PageID #: 49937
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`case or any other action that seemed reasonable under the
`circumstances after input from counsel. That's alternative
`A.
`
`Alternative B is that I continue the trial next
`week indefinitely and figure out a way to work through these
`issues. And depending on how they work out, we can always
`reschedule the trial.
`So I'm not expecting -- what I'd like to do is
`have you all think about this, perhaps even talk to each
`other, and sort of let me know what you think by some
`reasonable time, which I tend to think might be 5:30 today,
`which you could file something on the docket or some other
`way communicate whatever your views are.
`Any questions?
`MR. ROVNER: Your Honor, this is Phil Rovner.
`It appears we were able to get all counsel on the line, so
`it's not just the two of us. But I heard you loud and
`clear, and we should be able to discuss this among
`ourselves, hopefully in the next few hours.
`THE COURT: Okay. And thank you, Mr. Rovner. I
`did know there were a lot more people on the line. I just
`didn't think it was necessary, under the circumstances, to
`go through and have everyone identify themselves. But I do
`appreciate your making sure that that is the case.
`Anything else?
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`Case 1:16-cv-00453-RGA Document 624 Filed 11/15/18 Page 5 of 5 PageID #: 49938
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`MR. BLUMENFELD: Not for the defendants. We
`will get back to you a little later today.
`Thank you, Your Honor.
`THE COURT: All right. Well, thank you very
`much, everyone, for calling in on short notice. I'm going
`to hang up now.
`(Teleconference in chambers was concluded at
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`3:18 p.m.)
`
`I hereby certify the foregoing is a true and
`accurate transcript from my stenographic notes in the
`proceeding.
`
`Heather M. Triozzi
`Official Merit Reporter
`U.S. District Court
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