`
`IN THE UNITED STATES DISTRICT COURT
`FOR THE DISTRICT OF DELAWARE
`
`C.A. No. 16-453 (RGA)
`
`))))))))
`
`ACCELERATION BAY LLC,
`
`Plaintiff,
`
`v.
`
`ACTIVISION BLIZZARD, INC.
`
`Defendant.
`
`PLAINTIFF ACCELERATION BAY LLC’S MOTION TO
`EXCLUDE OPINIONS OF CATHARINE M. LAWTON
`
`Plaintiff Acceleration Bay LLC (“Acceleration Bay”) respectfully moves, pursuant to the
`
`Court’s Order and the Parties’ Stipulation and Joint Statement Regarding Case Schedule (D.I.
`
`630), to exclude the testimony of Activision’s expert Catharine M. Lawton pursuant to Fed. R.
`
`Evid. 702 and Daubert v. Merrell Dow Pharma., 509 U.S. 579 (1993).
`
`The grounds for this motion are fully set forth in the Opening Brief in Support of its
`
`Motion to Exclude Opinions of Catharine M. Lawton, and the Declaration of Yuridia Caire, with
`
`Exhibits 1-5, and all related briefing. Specifically, Acceleration Bay moves to exclude the
`
`opinions of Ms. Lawton regarding any purported non-infringing alternatives not addressed by
`
`Activision’s technical experts. See, e.g., Ex. 1, Lawton Report at ¶¶ 30, 32, 98, 100, 304, 342,
`
`420, 586, 738, 740, 741. Acceleration Bay also seeks to exclude Ms. Lawton’s opinions related
`
`to her critique of Dr. Valerdi’s cost estimation opinions for the software development of a new
`
`network. See, e.g., Ex. 1, Lawton Report at ¶¶ 184, 189, 190-194, 200, 212-245, 295-297, 387.
`
`
`
`Case 1:16-cv-00453-RGA Document 647 Filed 03/15/19 Page 2 of 2 PageID #: 50292
`
`POTTER ANDERSON & CORROON LLP
`
`By: /s/ Philip A. Rovner
`Philip A. Rovner (#3215)
`Jonathan A. Choa (#5319)
`Hercules Plaza
`P.O. Box 951
`Wilmington, DE 19899
`(302) 984-6000
`provner@potteranderson.com
`jchoa@potteranderson.com
`
`Attorneys for Plaintiff
`Acceleration Bay LLC
`
`OF COUNSEL:
`
`Paul J. Andre
`Lisa Kobialka
`James Hannah
`Yuridia Caire
`KRAMER LEVIN NAFTALIS
` & FRANKEL LLP
`990 Marsh Road
`Menlo Park, CA 94025
`(650) 752-1700
`
`Aaron M. Frankel
`KRAMER LEVIN NAFTALIS
` & FRANKEL LLP
`1177 Avenue of the Americas
`New York, NY 10036
`(212) 715-9100
`
`Dated: March 15, 2019
`6111215
`
`2
`
`
Accessing this document will incur an additional charge of $.
After purchase, you can access this document again without charge.
Accept $ Charge
Still Working On It
This document is taking longer than usual to download. This can happen if we need to contact the court directly to obtain the document and their servers are running slowly.
Give it another minute or two to complete, and then try the refresh button.
A few More Minutes ... Still Working
It can take up to 5 minutes for us to download a document if the court servers are running slowly.
Thank you for your continued patience.
This document could not be displayed.
We could not find this document within its docket. Please go back to the docket page and check the link. If that does not work, go back to the docket and refresh it to pull the newest information.
Your account does not support viewing this document.
You need a Paid Account to view this document. Click here to change your account type.
Your account does not support viewing this document.
Set your membership
status to view this document.
With a Docket Alarm membership, you'll
get a whole lot more, including:
- Up-to-date information for this case.
- Email alerts whenever there is an update.
- Full text search for other cases.
- Get email alerts whenever a new case matches your search.
One Moment Please
The filing “” is large (MB) and is being downloaded.
Please refresh this page in a few minutes to see if the filing has been downloaded. The filing will also be emailed to you when the download completes.
Your document is on its way!
If you do not receive the document in five minutes, contact support at support@docketalarm.com.
Sealed Document
We are unable to display this document, it may be under a court ordered seal.
If you have proper credentials to access the file, you may proceed directly to the court's system using your government issued username and password.
Access Government Site
