`
`1313 North Market Street
`P.O. Box 951
`Wilmington, DE 19899-0951
`302 984 6000
`www.potteranderson.com
`
`Philip A. Rovner
`Partner
`Attorney at Law
`provner@potteranderson.com
`302 984-6140 Direct Phone
`302 658-1192 Firm Fax
`
`November 20, 2018
`
`BY CM/ECF & HAND DELIVERY
`
`The Honorable Richard G. Andrews
`U.S. District Court for the District of Delaware
`U.S. Courthouse
`844 North King Street
`Wilmington, DE 19801
`
`Re:
`
`Acceleration Bay LLC v. Activision Blizzard Inc.
`D. Del., C.A. No. 16-453-RGA
`
`Dear Judge Andrews:
`
`Acceleration Bay submits this letter to briefly address the Parties’ dispute regarding
`supplemental damages reports. The Court’s Case Management Order (D.I. 619) authorizes
`Acceleration Bay to “supplement its expert reports” to “present … an admissible damages case.”
`Id. at 2. Acceleration Bay intends to do so by providing a supplemental report from damages
`expert Russell Parr. Acceleration Bay informed Activision that Mr. Parr’s report will be
`consistent with Acceleration Bay’s prior disclosures in the case and overlap, in significant part,
`with the prior damages reports that Dr. Meyer provided. Mr. Parr is recognized for his expertise
`in intellectual property valuation and royalty rate analyses, and his opinions will help the jury
`determine the proper measure of damages given the facts of this case.
`
`There is no merit to Activision’s objection to a supplemental report from Mr. Parr. The
`Case Management Order did not limit Acceleration Bay to providing a supplemental report from
`its prior experts, and Activision has not articulated any prejudice it would suffer from a
`supplemental report from Mr. Parr. Nor could it. Acceleration Bay has stipulated that it will
`serve but one supplemental expert report, a supplement damages report from Mr. Parr.
`Activision will have the opportunity to take a full deposition of Mr. Parr on his supplemental
`opinions and the chance to submit a motion with any objections to Mr. Parr’s report. Finally, the
`trial in this action has been taken off calendar pending the Court’s evaluation of Acceleration
`Bay’s damages proffer, so there will be ample time for Activision to prepare its responsive
`damages presentation.
`
`
`
`Case 1:16-cv-00453-RGA Document 629 Filed 11/20/18 Page 2 of 2 PageID #: 49986
`The Honorable Richard G. Andrews
`November 20, 2018
`Page 2
`
`Respectfully,
`
`/s/ Philip A. Rovner
`
`Philip A. Rovner (#3215)
`
`cc:
`6007230
`
`All Counsel of Record (Via ECF Filing, Electronic Mail)
`
`