`
`IN THE UNITED STATES DISTRICT COURT
`FOR THE DISTRICT OF DELAWARE
`
`ACCELERATION BAY LLC,
`
`Plaintiff,
`
`V.
`
`ACTIVISION BLIZZARD INC.,
`
`Defendant.
`
`Civil Action No. 1: 16-cv-00453-RGA
`
`ORDER
`
`The Parties dispute whether Defendant must provide Plaintiff with updated user data for
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`World of Warcraft. (D.I. 631 , 632). They flagged this dispute in their Supplement Joint Proposed
`
`Pretrial Order. (D.I. 590 at 156 (disputing whether "Activision will provide updated sales and
`
`usage data for the accused products in the same form provided during fact discovery")). I thought
`
`that I resolved the issue at the October 19, 2019 pre-trial conference when Defendant agreed, in
`
`response to my raising the Paragraph 56 issue, to provide updated information through the third
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`quarter of 2018. (D.I. 606 at 123 :3-25). Defendant now takes the position that I technically only
`
`resolved the issue regarding "financial data." (D.I. 632 at 1). I do not agree with its understanding
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`of the record. Rather, I understand the record to support Plaintiffs position that Defendant agreed
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`to update the information which was at issue in Paragraph 56 of the Proposed Pre-Trial Order.
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`Accordingly, within one week, Defendant shall produce to Plaintiff updated user data for World of
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`Warcraft in the same form provided during fact discovery. (See ATVI0033748-49).
`
`IT IS SO ORDERED this l_ day of March 2019.
`
`-
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`
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