Case 1:16-cv-00453-RGA Document 634-1 Filed 12/13/18 Page 1 of 21 PageID #: 50023
`Case 1:16-cv-00453-RGA Document 634-1 Filed 12/13/18 Page 1 of 21 PagelD #: 50023
`
`EXHIBIT 1
`EXHIBIT 1
`
`

`

`Case 1:16-cv-00453-RGA Document 634-1 Filed 12/13/18 Page 2 of 21 PageID #: 50024
`1
`
`IN THE UNITED STATES DISTRICT COURT
`FOR THE DISTRICT OF DELAWARE
`
`Civil Action No. 15-453-RGA
`
`))
`
`)))
`
`))
`
`))
`
`) J
`
`. Caleb Boggs Courthouse
`844 King Street
`Wilmington, Delaware
`Friday, October 19, 2018
`8:32 a.m.
`Pretrial Hearing
`
`ACCELERATION BAY, LLC
`Plaintiff,
`
`v.
`ACTIVISION BLIZZARD, INC.,
`Defendant.
`
`BEFORE: THE HONORABLE RICHARD G. ANDREWS
`United States District Court Judge
`
`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, ESQURE
`KRAMER LEVIN NAFTALIS & FRANKEL, LLP
`990 Marsh Road
`Menlo Park, California 94025
`For the Plaintiff
`
`1 2 3 4 5 6 7 8 9
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`

`Case 1:16-cv-00453-RGA Document 634-1 Filed 12/13/18 Page 3 of 21 PageID #: 50025
`123
`
`Bay four days before the first day of trial. All right?
`MR. WEBB: Yes, Your Honor.
`THE COURT: Okay. All right.
`So on the next page, Paragraph 56, I believe
`that the issue in here, amid the argument is that there's
`some financial information that Activision has not updated
`since 2017, and Acceleration Bay would like it updated.
`Is that the basic scenario?
`MS. KOBIALKA: Yeah, that's correct, Your Honor.
`We got revenue information up to the beginning, I think, of
`2017. We moved to compel it. There was representations
`made that prior to trial they would update it.
`THE COURT: So hold your fire there for a
`second. So I understand part of your objection is not
`relevant to anything, but I guess we're going to be figuring
`that out in the next few days. Besides for that, is there
`some reason why you think that you don't have to do this?
`MR. ENZMINGER: That's the reason, because at
`the time that this was put together, they weren't advancing,
`in our view, a damages case.
`THE COURT: Okay. So you can update the
`financial information through to when?
`MR. SALIK: Through third quarter of this year,
`
`Your Honor.
`
`THE COURT: Okay. That's generous. All right.
`
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`04:27:27
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`04:27:31
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`04:27:39
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`04:27:49
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`04:27:56
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`04:28:05
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`04:28:15
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`04:28:31
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`04:28:33
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`04:28:37
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`04:28:40
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`04:28:43
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`04:28:48
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`04:28:49
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`04:28:53
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`04:28:54
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`04:28:57
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`04:29:02
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`04:29:10
`
`04:29:12
`
`

`

`Case 1:16-cv-00453-RGA Document 634-1 Filed 12/13/18 Page 4 of 21 PageID #: 50026
`124
`
`So when can you do that by?
`MR. SALIK: We can do it next week.
`THE COURT: Next week, yeah.
`MR. SALIK: We can do it as soon --
`THE COURT: Can we do it on Monday?
`MR. SALIK: I believe so, yes.
`THE COURT: Okay. Well, thank you, sir.
`All right. So moving on to the next page. So
`there's Paragraph 59 what appears to be 90 "prior art
`references."
`
`I assume that, in fact, the great bulk of these
`are dropping away.
`MR. ENZMINGER: We -- yes. I would say the bulk
`of these are dropping away.
`THE COURT: Have they dropped away yet?
`MR. ENZMINGER: They have not, but -- they have
`not dropped away yet.
`THE COURT: Okay. So are they, in fact -- I
`mean, it's not 433 and a few in between, but it's like 90
`exhibits in a row or in this category?
`MR. ENZMINGER: Yes.
`THE COURT: Okay. So are any of these, in fact,
`when we were talking about this morning -- well, do you know
`now -- I'm not going to make you say it right this moment,
`but do you know now how much of those are really in just for
`
`1 2 3 4 5 6 7 8 9
`
`10
`11
`12
`13
`14
`15
`16
`17
`18
`19
`20
`21
`22
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`24
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`
`04:29:14
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`04:29:18
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`04:29:20
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`04:29:24
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`04:29:25
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`04:29:27
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`04:29:28
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`04:29:34
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`04:29:41
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`04:29:48
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`04:29:49
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`04:29:54
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`04:29:58
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`04:30:01
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`04:30:02
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`04:30:03
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`04:30:11
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`04:30:12
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`04:30:16
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`04:30:22
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`04:30:24
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`04:30:24
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`04:30:31
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`04:30:37
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`04:30:40
`
`

`

`Case 1:16-cv-00453-RGA Document 634-1 Filed 12/13/18 Page 5 of 21 PageID #: 50027
`Case 1:16-cv-00453-RGA Document 634-1 Filed 12/13/18 Page 5 of 21 PagelD #: 50027
`
`EXHIBIT 2
`EXHIBIT 2
`
`

`

`Case 1:16-cv-00453-RGA Document 634-1 Filed 12/13/18 Page 6 of 21 PageID #: 50028
`
`From: Caire, Yuridia
`Sent: Wednesday, October 24, 2018 11:47 AM
`To: Barry, Kathleen B.
`Subject: Re: [EXTERNAL] RE: Accel. Bay v. Activision - Document Production-CONFIDENTIAL_OUTSIDE COUNSEL ONLY
`ATVI0027731
`
`Yuri Caire
`
`Yuridia Caire
`Associate
`
`Kramer Levin Naftalis & Frankel LLP
`990 Marsh Road, Menlo Park, California 94025
`T 650.752.1717 F 650.752.1817
`
`This communication (including any attachments) is intended solely for the recipient(s) named above and may contain information that is
`confidential, privileged or legally protected. Any unauthorized use or dissemination of this communication is strictly prohibited. If you have received
`this communication in error, please immediately notify the sender by return e-mail message and delete all copies of the original communication.
`Thank you for your cooperation.
`
`On Oct 24, 2018, at 12:15 PM, Barry, Kathleen B. <KBarry@winston.com> wrote:
`
`Yuri,
`
` What are you comparing it to? What is the document that you claim has
`the break out that you are looking for? Please provide that bates number.
`
`Thanks,
`Kathleen
`
`Kathleen Barry
`Winston & Strawn LLP
`D: +1 312-558-8046
`
`1
`
`

`

`Case 1:16-cv-00453-RGA Document 634-1 Filed 12/13/18 Page 7 of 21 PageID #: 50029
`
`winston.com
`<image001.jpg>
`From: Caire, Yuridia <YCaire@KRAMERLEVIN.com>
`Sent: Wednesday, October 24, 2018 1:13 PM
`To: Barry, Kathleen B. <KBarry@winston.com>
`Cc: Andre, Paul <PAndre@KRAMERLEVIN.com>; Dennison, Steve <SDennison@KRAMERLEVIN.com>;
`Kobialka, Lisa <LKobialka@KRAMERLEVIN.com>; Martinez, Cristina <CMartinez@KRAMERLEVIN.com>;
`Frankel, Aaron <AFrankel@KRAMERLEVIN.com>; Tong, Gladys <GTong@KRAMERLEVIN.com>;
`Enzminger, David P. <DEnzminger@winston.com>; Tomasulo, Mike <MTomasulo@winston.com>; Lin,
`David K. <DLin@winston.com>; Netikosol, Joe <JNetikosol@winston.com>; BWEBB@shb.com;
`AHANKEL@shb.com; Hodgson, Alissa C <AHodgson@winston.com>; Bergsten, Jordan (SHB)
`<JBERGSTEN@shb.com>; Harold, Paul N. <PHarold@winston.com>
`Subject: Re: [EXTERNAL] RE: Accel. Bay v. Activision - Document Production-CONFIDENTIAL_OUTSIDE
`COUNSEL ONLY
`
`Kathleen,
`
`It’s referenced in my email below, ATVI0034005, related to Call of Duty.
`
`Thanks,
`
`Yuri Caire
`
`Yuridia Caire
`Associate
`
`Kramer Levin Naftalis & Frankel LLP
`990 Marsh Road, Menlo Park, California 94025
`T 650.752.1717 F 650.752.1817
`
`This communication (including any attachments) is intended solely for the recipient(s) named above and may contain
`information that is confidential, privileged or legally protected. Any unauthorized use or dissemination of this communication is
`strictly prohibited. If you have received this communication in error, please immediately notify the sender by return e-mail
`message and delete all copies of the original communication. Thank you for your cooperation.
`
`On Oct 24, 2018, at 11:59 AM, Barry, Kathleen B. <KBarry@winston.com> wrote:
`
`Yuri,
`
` We are looking into your email but do not see the issue that
`you are asking about. Would you identify the bates number of the
`document that you are referring to below that has more
`information?
`
`Thanks,
`Kathleen
`
`2
`
`

`

`Case 1:16-cv-00453-RGA Document 634-1 Filed 12/13/18 Page 8 of 21 PageID #: 50030
`
`Kathleen Barry
`Winston & Strawn LLP
`D: +1 312-558-8046
`winston.com
`<image001.jpg>
`From: Caire, Yuridia <YCaire@KRAMERLEVIN.com>
`Sent: Wednesday, October 24, 2018 12:41 PM
`To: Hodgson, Alissa C <AHodgson@winston.com>; Tong, Gladys
`<GTong@KRAMERLEVIN.com>; Enzminger, David P. <DEnzminger@winston.com>;
`Tomasulo, Mike <MTomasulo@winston.com>; Barry, Kathleen B.
`<KBarry@winston.com>; Lin, David K. <DLin@winston.com>; Netikosol, Joe
`<JNetikosol@winston.com>; BWEBB@shb.com; AHANKEL@shb.com
`Cc: Andre, Paul <PAndre@KRAMERLEVIN.com>; Dennison, Steve
`<SDennison@KRAMERLEVIN.com>; Kobialka, Lisa <LKobialka@KRAMERLEVIN.com>;
`Martinez, Cristina <CMartinez@KRAMERLEVIN.com>; Frankel, Aaron
`<AFrankel@KRAMERLEVIN.com>
`Subject: Re: Accel. Bay v. Activision - Document Production-CONFIDENTIAL_OUTSIDE
`COUNSEL ONLY
`
`Counsel,
`
`Please provide a response to the email below.
`
`Thanks,
`
`Yuri Caire
`
`Yuridia Caire
`Associate
`
`Kramer Levin Naftalis & Frankel LLP
`990 Marsh Road, Menlo Park, California 94025
`T 650.752.1717 F 650.752.1817
`
`This communication (including any attachments) is intended solely for the recipient(s) named above and
`may contain information that is confidential, privileged or legally protected. Any unauthorized use or
`dissemination of this communication is strictly prohibited. If you have received this communication in error,
`please immediately notify the sender by return e-mail message and delete all copies of the original
`communication. Thank you for your cooperation.
`
`On Oct 23, 2018, at 6:40 PM, Caire, Yuridia <YCaire@KRAMERLEVIN.com> wrote:
`
`Counsel,
`
`3
`
`

`

`Case 1:16-cv-00453-RGA Document 634-1 Filed 12/13/18 Page 9 of 21 PageID #: 50031
`
`It appears that the file ATVI0034005 does not include the financial
`information associated with Microsoft and PC. As you know, Activision
`previously provided a breakdown of the financial information for each
`platform. Please send us a revised file with the complete platform
`information. If that information was provided, please let us know
`where it is located.
`
`Thank you,
`
`Yuri Caire
`
`Yuridia Caire
`Associate
`
`Kramer Levin Naftalis & Frankel LLP
`990 Marsh Road, Menlo Park, California 94025
`T 650.752.1717 F 650.752.1817
`
`This communication (including any attachments) is intended solely for the recipient(s)
`named above and may contain information that is confidential, privileged or legally
`protected. Any unauthorized use or dissemination of this communication is strictly
`prohibited. If you have received this communication in error, please immediately notify
`the sender by return e-mail message and delete all copies of the original
`communication. Thank you for your cooperation.
`
`From: Hodgson, Alissa C [mailto:AHodgson@winston.com]
`Sent: Tuesday, October 23, 2018 4:06 PM
`To: Tong, Gladys; Enzminger, David P.; Tomasulo, Mike; Barry, Kathleen
`B.; Lin, David K.; Netikosol, Joe; BWEBB@shb.com; AHANKEL@shb.com
`Cc: Andre, Paul; Dennison, Steve; Kobialka, Lisa; Martinez, Cristina;
`Frankel, Aaron; Caire, Yuridia
`Subject: [EXTERNAL] RE: Accel. Bay v. Activision - Document
`Production-CONFIDENTIAL_OUTSIDE COUNSEL ONLY
`
`Enclosed please find the revised production.
`
`Please note that this production is designated CONFIDENTIAL_OUTSIDE
`COUNSEL ONLY, and should be treated as such.
`
`Alissa C Hodgson
`Senior Paralegal
`Winston & Strawn LLP
`35 W. Wacker Drive
`Chicago, IL 60601-9703
`
`4
`
`

`

`Case 1:16-cv-00453-RGA Document 634-1 Filed 12/13/18 Page 10 of 21 PageID #: 50032
`
`D: +1 312-558-3797
`F: +1 312-558-5700
` | VCard | Email | winston.com
`<image002.jpg>
`
`From: Tong, Gladys <GTong@KRAMERLEVIN.com>
`Sent: Tuesday, October 23, 2018 4:47 PM
`To: Hodgson, Alissa C <AHodgson@winston.com>; Enzminger, David P.
`<DEnzminger@winston.com>; Tomasulo, Mike
`<MTomasulo@winston.com>; Barry, Kathleen B.
`<KBarry@winston.com>; Lin, David K. <DLin@winston.com>; Netikosol,
`Joe <JNetikosol@winston.com>; BWEBB@shb.com; AHANKEL@shb.com
`Cc: Andre, Paul <PAndre@KRAMERLEVIN.com>; Dennison, Steve
`<SDennison@KRAMERLEVIN.com>; Kobialka, Lisa
`<LKobialka@KRAMERLEVIN.com>; Martinez, Cristina
`<CMartinez@KRAMERLEVIN.com>; Frankel, Aaron
`<AFrankel@KRAMERLEVIN.com>; Caire, Yuridia
`<YCaire@KRAMERLEVIN.com>
`Subject: RE: Accel. Bay v. Activision - Document Production
`
`Counsel,
`
`We are in receipt of Defendants’ latest production of updated
`financials. It appears that the four files provided are password
`protected. We request that Defendants provide these documents
`in the same format as before and without password protection.
`
`Please confirm today if you can send over the replacement
`production of these documents.
`
`Thanks.
`Gladys
`
`Gladys Tong
`Paralegal
`
`Kramer Levin Naftalis & Frankel LLP
`990 Marsh Road, Menlo Park, California 94025
`T 650.752.1720 F 650.752.1819
`gtong@kramerlevin.com
`
`This communication (including any attachments) is intended solely for the recipient(s)
`named above and may contain information that is confidential, privileged or legally
`protected. Any unauthorized use or dissemination of this communication is strictly
`prohibited. If you have received this communication in error, please immediately notify
`the sender by return e-mail message and delete all copies of the original
`communication. Thank you for your cooperation.
`
`5
`
`

`

`Case 1:16-cv-00453-RGA Document 634-1 Filed 12/13/18 Page 11 of 21 PageID #: 50033
`
`From: Hodgson, Alissa C [mailto:AHodgson@winston.com]
`Sent: Monday, October 22, 2018 10:33 PM
`To: Tong, Gladys; Frankel, Aaron; Martinez, Cristina; Kobialka, Lisa;
`Dennison, Steve; Andre, Paul
`Cc: Enzminger, David P.; Tomasulo, Mike; Barry, Kathleen B.; Lin, David
`K.; Netikosol, Joe; BWEBB@shb.com; AHANKEL@shb.com
`Subject: [EXTERNAL] RE: Accel. Bay v. Activision - Document
`Production
`
`Enclosed please find an .ftp link containing document production from
`Defendant Activision bates numbered ATVI0034005-ATVI0034008,
`pursuant to the above captioned case.
`
`Please note that this production is designated CONFIDENTIAL_OUTSIDE
`COUNSEL ONLY, and should be treated as such.
`
`https://mft.winston.com/?ShareToken=C43C57CBE97CF0145DDC1CB6D
`2FCAA6E44F17739
`
`Password to link: 9VLGllSc
`
`Alissa C Hodgson
`Senior Paralegal
`Winston & Strawn LLP
`35 W. Wacker Drive
`Chicago, IL 60601-9703
`D: +1 312-558-3797
`F: +1 312-558-5700
` | VCard | Email | winston.com
`<image003.jpg>
`
`The contents of this message may be privileged and confidential. If this message has been
`received in error, please delete it without reading it. Your receipt of this message is not intended
`to waive any applicable privilege. Please do not disseminate this message without the permission
`of the author. Any tax advice contained in this email was not intended to be used, and cannot be
`used, by you (or any other taxpayer) to avoid penalties under applicable tax laws and regulations.
`
`6
`
`

`

`Case 1:16-cv-00453-RGA Document 634-1 Filed 12/13/18 Page 12 of 21 PageID #: 50034
`Case 1:16-cv-00453-RGA Document 634-1 Filed 12/13/18 Page 12 of 21 PagelD #: 50034
`
`EXHIBIT 3
`EXHIBIT 3
`
`

`

`Case 1:16-cv-00453-RGA Document 634-1 Filed 12/13/18 Page 13 of 21 PageID #: 50035
`
`Frankel, Aaron
`From:
`Sent:
`To:
`Cc:
`Subject:
`
`Aaron,
`
`Frankel, Aaron
`Wednesday, December 5, 2018 6:52 PM
`Hankel, Aaron (SHB); Caire, Yuridia
`Bergsten, Jordan (SHB); Hardy, Dana E. (SHB); Webb, Trent (SHB)
`RE: Accel. Bay v. Activision - Supplemental Financial Information
`
`We have been raising this issue with Activision through Winston Strawn going back to the hearing in October,
`and followed up with Winston Strawn on multiple occasions. Activision already committed to providing this
`data, and has not identified any basis to renege on that agreement, which was stated on the record to the Court.
`
`The relevance of unique user data is to update damages calculations based on the number of users.
`
`Acceleration Bay will seek relief from the Court tomorrow morning if you cannot commit to either (1)
`providing the data tomorrow or (2) agreeing to provide the data on an expedited basis and permitting
`Acceleration Bay to update the supplemental damages report after receiving the supplemental data.
`
`I am available at 212.715.7793 if you would like to further confer on this issues.
`
`Regards,
`Aaron
`
`Aaron M. Frankel
`Partner
`
`Kramer Levin Naftalis & Frankel LLP
`1177 Avenue of the Americas, New York, New York 10036
`T 212.715.7793 F 212.715.8363
`
`This communication (including any attachments) is intended solely for the recipient(s) named above and may contain information that is
`confidential, privileged or legally protected. Any unauthorized use or dissemination of this communication is strictly prohibited. If you have received
`this communication in error, please immediately notify the sender by return e-mail message and delete all copies of the original communication.
`Thank you for your cooperation.
`
`From: Hankel, Aaron (SHB) <AHANKEL@shb.com>
`Sent: Wednesday, December 5, 2018 6:39 PM
`To: Caire, Yuridia <YCaire@KRAMERLEVIN.com>; Frankel, Aaron <AFrankel@KRAMERLEVIN.com>
`Cc: Bergsten, Jordan (SHB) <JBERGSTEN@shb.com>; Hardy, Dana E. (SHB) <DEHARDY@shb.com>; Webb, Trent (SHB)
`<BWEBB@shb.com>
`Subject: [EXTERNAL] RE: Accel. Bay v. Activision - Supplemental Financial Information
`
`Yuri,
`
`1
`
`

`

`Case 1:16-cv-00453-RGA Document 634-1 Filed 12/13/18 Page 14 of 21 PageID #: 50036
`
`The first we heard about the issue was late last Friday afternoon. The feigned urgency is unnecessary and
`unproductive. Nor will I engage in a tit-for-tat over our respective positions. Suffice it to say, we disagree with
`your characterizations below.
`But, to your question about a call tonight or tomorrow morning, I am trying to sync with the client to confirm a few
`items. I cannot meaningfully confer (agree to provide, offer a compromise, declare an impasse) until I have a
`chance to speak with the client. To reiterate, my call with the client will be more productive if you could answer
`the simple question put you earlier—why does Acceleration Bay require the requested disaggregated data?
`Thanks.
`Aaron
`(816.559.2567)
`
`From: Caire, Yuridia <YCaire@KRAMERLEVIN.com>
`Sent: Wednesday, December 5, 2018 2:49 PM
`To: Hankel, Aaron (SHB) <AHANKEL@shb.com>; Frankel, Aaron <AFrankel@KRAMERLEVIN.com>
`Cc: Bergsten, Jordan (SHB) <JBERGSTEN@shb.com>; Hardy, Dana E. (SHB) <DEHARDY@shb.com>; Webb, Trent (SHB)
`<BWEBB@shb.com>
`Subject: RE: Accel. Bay v. Activision - Supplemental Financial Information
`
`Aaron,
`
`We request a meet and confer on this issue today so we can seek emergency relief from the Court tomorrow
`morning. Please call me or Aaron Frankel, or let us know when you are available today.
`
`Two months ago, Activision represented to the Court that it would provide updated financial information in the same
`format it previously provided. See, e.g., October 19, 2018 Pretrial Conference at 123:3-124:7. Activision previously
`provided user information for World of Warcraft and should provide updated user information in the same
`format. Activision did not have any difficulty providing this updated information for Call of Duty and Destiny.
`
`As you know, Acceleration Bay’s supplemental expert report is due in two days. We have waited two months for this
`data, and repeatedly followed up with Activision. This is the first time Activision has said it is unwilling to provide the
`data. The user data is directly relevant to the report. Acceleration Bay has consistently disclosed that it will pursue a
`user-based royalty. Accordingly, there is no basis for Activision to withhold this data.
`
`Yuri
`
`Yuridia Caire
`Associate
`
`Kramer Levin Naftalis & Frankel LLP
`990 Marsh Road, Menlo Park, California 94025
`T 650.752.1717 F 650.752.1817
`
`This communication (including any attachments) is intended solely for the recipient(s) named above and may contain information that is
`confidential, privileged or legally protected. Any unauthorized use or dissemination of this communication is strictly prohibited. If you have received
`this communication in error, please immediately notify the sender by return e-mail message and delete all copies of the original communication.
`Thank you for your cooperation.
`
`2
`
`

`

`Case 1:16-cv-00453-RGA Document 634-1 Filed 12/13/18 Page 15 of 21 PageID #: 50037
`
`From: Hankel, Aaron (SHB) [mailto:AHANKEL@shb.com]
`Sent: Wednesday, December 05, 2018 12:35 PM
`To: Caire, Yuridia; Frankel, Aaron
`Cc: Bergsten, Jordan (SHB); Hardy, Dana E. (SHB); Webb, Trent (SHB)
`Subject: [EXTERNAL] RE: Accel. Bay v. Activision - Supplemental Financial Information
`
`Yuri, We have investigated your request. Based upon the same, we do not believe supplementation of disaggregated
`login data is appropriate. This is particularly true given various prior discovery rulings scoping the titles at-issue
`in the case, as well as recent representations about Acceleration Bay’s forthcoming/anticipated supplemental
`damages report. (Please note that it is not possible to disaggregate the requested data to separate login activity for
`at-issue titles from titles that are not at-issue.)
`Can you please elaborate on why Acceleration Bay believes supplementing unique login activity is
`warranted? Based on circumstances to date, we are willing to consider plaintiff’s explanation but do not consider
`supplementation appropriate at this time..
`Thanks. And please give me a call if you would like to discuss further.
`Aaron
`(816.559.2567)
`
`From: Caire, Yuridia <YCaire@KRAMERLEVIN.com>
`Sent: Tuesday, December 4, 2018 6:16 PM
`To: Hankel, Aaron (SHB) <AHANKEL@shb.com>; Frankel, Aaron <AFrankel@KRAMERLEVIN.com>
`Cc: Bergsten, Jordan (SHB) <JBERGSTEN@shb.com>; Hardy, Dana E. (SHB) <DEHARDY@shb.com>; Webb, Trent (SHB)
`<BWEBB@shb.com>
`Subject: RE: Accel. Bay v. Activision - Supplemental Financial Information
`
`Aaron,
`
`Can you please give us an update regarding the issue below?
`
`Thanks,
`
`Yuri
`
`Yuridia Caire
`Associate
`
`Kramer Levin Naftalis & Frankel LLP
`990 Marsh Road, Menlo Park, California 94025
`T 650.752.1717 F 650.752.1817
`
`This communication (including any attachments) is intended solely for the recipient(s) named above and may contain information that is
`confidential, privileged or legally protected. Any unauthorized use or dissemination of this communication is strictly prohibited. If you have received
`this communication in error, please immediately notify the sender by return e-mail message and delete all copies of the original communication.
`Thank you for your cooperation.
`
`3
`
`

`

`Case 1:16-cv-00453-RGA Document 634-1 Filed 12/13/18 Page 16 of 21 PageID #: 50038
`
`From: Caire, Yuridia
`Sent: Friday, November 30, 2018 4:18 PM
`To: Hankel, Aaron (SHB); Frankel, Aaron
`Cc: Bergsten, Jordan (SHB); Hardy, Dana E. (SHB); Webb, Trent (SHB)
`Subject: RE: Accel. Bay v. Activision - Supplemental Financial Information
`
`Aaron,
`
`See attached.
`
`Yuri
`
`Yuridia Caire
`Associate
`
`Kramer Levin Naftalis & Frankel LLP
`990 Marsh Road, Menlo Park, California 94025
`T 650.752.1717 F 650.752.1817
`
`This communication (including any attachments) is intended solely for the recipient(s) named above and may contain information that is
`confidential, privileged or legally protected. Any unauthorized use or dissemination of this communication is strictly prohibited. If you have received
`this communication in error, please immediately notify the sender by return e-mail message and delete all copies of the original communication.
`Thank you for your cooperation.
`
`From: Hankel, Aaron (SHB) [mailto:AHANKEL@shb.com]
`Sent: Friday, November 30, 2018 3:53 PM
`To: Caire, Yuridia; Frankel, Aaron
`Cc: Bergsten, Jordan (SHB); Hardy, Dana E. (SHB); Webb, Trent (SHB)
`Subject: [EXTERNAL] RE: Accel. Bay v. Activision - Supplemental Financial Information
`
`Thanks Yuri. If you have quick access to the exhibit referenced, could you possibly forward? That will expedite our
`investigations.
`
`Thanks.
`
`Aaron
`(816.559.2567)
`
`From: Caire, Yuridia <YCaire@KRAMERLEVIN.com>
`Sent: Friday, November 30, 2018 11:46:28 PM
`To: Hankel, Aaron (SHB); Frankel, Aaron
`Cc: Bergsten, Jordan (SHB); Hardy, Dana E. (SHB); Webb, Trent (SHB)
`Subject: RE: Accel. Bay v. Activision - Supplemental Financial Information
`
`Hi Aaron,
`
`4
`
`

`

`Case 1:16-cv-00453-RGA Document 634-1 Filed 12/13/18 Page 17 of 21 PageID #: 50039
`
`This information was previously produced at ATVI0033748 (Ex. 4 of Smith deposition). Let me know if you have any
`further questions.
`
`Yuri
`
`Yuridia Caire
`Associate
`
`Kramer Levin Naftalis & Frankel LLP
`990 Marsh Road, Menlo Park, California 94025
`T 650.752.1717 F 650.752.1817
`
`This communication (including any attachments) is intended solely for the recipient(s) named above and may contain information that is
`confidential, privileged or legally protected. Any unauthorized use or dissemination of this communication is strictly prohibited. If you have received
`this communication in error, please immediately notify the sender by return e-mail message and delete all copies of the original communication.
`Thank you for your cooperation.
`
`From: Hankel, Aaron (SHB) [mailto:AHANKEL@shb.com]
`Sent: Friday, November 30, 2018 3:43 PM
`To: Hankel, Aaron (SHB); Caire, Yuridia; Frankel, Aaron
`Cc: Bergsten, Jordan (SHB); Hardy, Dana E. (SHB); Webb, Trent (SHB)
`Subject: [EXTERNAL] RE: Accel. Bay v. Activision - Supplemental Financial Information
`
`Yuri,
`
`Can you please identify the prior production Bates you are requesting Activision to supplement? It does not appear
`user data for World of Warcraft was previously provided, so there is nothing to supplement.
`
`Please let us know if this understanding is incorrect as quickly as possible so we can investigate. Otherwise, we will
`consider the issue closed.
`
`Thanks.
`
`Aaron
`(816.559.2567)
`
`From: Hankel, Aaron (SHB)
`Sent: Friday, November 30, 2018 10:35:27 PM
`To: Caire, Yuridia; Frankel, Aaron
`Cc: Webb, Trent (SHB); Bergsten, Jordan (SHB); Hardy, Dana E. (SHB)
`Subject: RE: Accel. Bay v. Activision - Supplemental Financial Information
`
`Thank you for the email, Yuri. We are investigating your request with the client and will follow-up as soon as we
`can.
`Thanks again. And have a good weekend.
`
`5
`
`

`

`Case 1:16-cv-00453-RGA Document 634-1 Filed 12/13/18 Page 18 of 21 PageID #: 50040
`
`Aaron
`(816.559.2567)
`
`From: Caire, Yuridia <YCaire@KRAMERLEVIN.com>
`Sent: Friday, November 30, 2018 12:48 PM
`To: Hankel, Aaron (SHB) <AHANKEL@shb.com>; Frankel, Aaron <AFrankel@KRAMERLEVIN.com>
`Cc: Webb, Trent (SHB) <BWEBB@shb.com>; Bergsten, Jordan (SHB) <JBERGSTEN@shb.com>; Hardy, Dana E. (SHB)
`<DEHARDY@shb.com>
`Subject: RE: Accel. Bay v. Activision - Supplemental Financial Information
`
`Thanks, Aaron. Can you also please send us the updated user information for World of Warcraft? ATVI0034007 only
`contains information for Call of Duty and Destiny. Let me know if you have any questions.
`
`Yuri
`
`Yuridia Caire
`Associate
`
`Kramer Levin Naftalis & Frankel LLP
`990 Marsh Road, Menlo Park, California 94025
`T 650.752.1717 F 650.752.1817
`ycaire@kramerlevin.com
`
`Bio
`
`This communication (including any attachments) is intended solely for the recipient(s) named above and may contain information that is
`confidential, privileged or legally protected. Any unauthorized use or dissemination of this communication is strictly prohibited. If you have received
`this communication in error, please immediately notify the sender by return e-mail message and delete all copies of the original communication.
`Thank you for your cooperation.
`
`From: Hankel, Aaron (SHB) [mailto:AHANKEL@shb.com]
`Sent: Thursday, November 29, 2018 9:15 PM
`To: Caire, Yuridia; Frankel, Aaron
`Cc: Webb, Trent (SHB); Bergsten, Jordan (SHB); Hardy, Dana E. (SHB)
`Subject: [EXTERNAL] RE: Accel. Bay v. Activision - Supplemental Financial Information
`
`Counsel—
`As promised, attached please find a replacement version of the earlier financials (ATVI0034005). The attached
`should have everything requested. Please let us know if that is not the case, or if you have any other questions,
`comments, or concerns. Otherwise, we consider this topic closed.
`Thanks.
`Aaron
`(816.559.2567)
`
`From: Hankel, Aaron (SHB)
`Sent: Wednesday, November 28, 2018 5:12 PM
`To: 'YCaire@KRAMERLEVIN.com' <YCaire@KRAMERLEVIN.com>; 'AFrankel@KRAMERLEVIN.com'
`
`6
`
`

`

`Case 1:16-cv-00453-RGA Document 634-1 Filed 12/13/18 Page 19 of 21 PageID #: 50041
`
`<AFrankel@KRAMERLEVIN.com>
`Cc: Webb, Trent (SHB) <BWEBB@shb.com>; Bergsten, Jordan (SHB) <jbergsten@shb.com>; Hardy, Dana E. (SHB)
`<dehardy@shb.com>
`Subject: Accel. Bay v. Activision - Supplemental Financial Information
`
`Counsel—
`I understand that you have recently reached out to Ms. Barry of Winston & Strawn regarding additional
`supplemental damages information. Please direct future inquiries on this issue, as well as any others, to our
`attention. Our current team is copied here for future reference.
`Meantime, we are actively investigating your request and will respond as soon as possible. We do not foresee a
`significant dispute, and anticipate having an answer for you very soon (likely as soon as tomorrow).
`Thanks. And please feel free to give me a call if you have any questions or concerns. My direct dial is listed below.
`Aaron
`(816.559.2567)
`
`Mail Gate made the following annotations on Thu Nov 29 2018 23:14:47
`
`CONFIDENTIALITY NOTICE: This e-mail message including attachments, if any, is intended for the person
`or entity to which it is addressed and may contain confidential and/or privileged material. Any unauthorized
`review, use, disclosure or distribution is prohibited. If you are not the intended recipient, please contact the
`sender by reply e-mail and destroy all copies of the original message. Thank you.
`
`Mail Gate made the following annotations on Fri Nov 30 2018 17:42:50
`
`CONFIDENTIALITY NOTICE: This e-mail message including attachments, if any, is intended for the person
`or entity to which it is addressed and may contain confidential and/or privileged material. Any unauthorized
`review, use, disclosure or distribution is prohibited. If you are not the intended recipient, please contact the
`sender by reply e-mail and destroy all copies of the original message. Thank you.
`
`Mail Gate made the following annotations on Wed Dec 05 2018 13:35:18
`
`CONFIDENTIALITY NOTICE: This e-mail message including attachments, if any, is intended for the person
`or entity to which it is addressed and may contain confidential and/or privileged material. Any unauthorized
`review, use, disclosure or distribution is prohibited. If you are not the intended recipient, please contact the
`sender by reply e-mail and destroy all copies of the original message. Thank you.
`
`Mail Gate made the following annotations on Wed Dec 05 2018 17:38:44
`
`CONFIDENTIALITY NOTICE: This e-mail message including attachments, if any, is intended for the person
`or entity to which it is addressed and may contain confidential and/or privileged material. Any unauthorized
`review, use, disclosure or distribution is prohibited. If you are not the intended recipient, please contact the
`sender by reply e-mail and destroy all copies of the original message. Thank you.
`
`7
`
`

`

`Case 1:16-cv-00453-RGA Document 634-1 Filed 12/13/18 Page 20 of 21 PageID #: 50042
`Case 1:16-cv-00453-RGA Document 634-1 Filed 12/13/18 Page 20 of 21 PagelD #: 50042
`
`EXHIBIT 4
`EXHIBIT 4
`
`

`

`Case 1:16-cv-00453-RGA Document 634-1 Filed 12/13/18 Page 21 of 21 PageID #: 50043
`Case 1:16-cv-00453-RGA Document 634-1 Filed 12/13/18 Page 21 of 21 PagelD #: 50043
`
`THIS EXHIBIT HAS BEEN
`THIS EXHIBIT HAS BEEN
`REDACTED ,IN ITS ENTIRETY
`REDACTEDIN ITS ENTIRETY
`
`