Case 1:16-cv-00453-RGA Document 659 Filed 03/28/19 Page 1 of 6 PageID #: 51529
`
`IN THE UNITED STATES DISTRICT COURT
`FOR THE DISTRICT OF DELAWARE
`
`ACCELERATION BAY LLC,
`
`Plaintiff,
`
`v.
`
`ACTIVISION BLIZZARD, INC.,
`
`Defendant.
`
`)
`)
`)
`)
`)
`)
`)
`)
`)
`
`C.A. No. 16-453 (RGA)
`
`REDACTED
`PUBLIC VERSION
`
`DECLARATION OF JORDAN BERGSTEN IN SUPPORT OF
`ACTIVISION BLIZZARD, INC.’S RESPONSE TO ACCELERATION BAY’S
`DAMAGES PROFFER AND ACTIVISION’S OPENING BRIEF IN SUPPORT OF ITS
`MOTION TO STRIKE PLAINTIFF’S SUPPLEMENTAL EXPERT DAMAGES
`REPORT BY RUSSELL L. PARR
`
`MORRIS, NICHOLS, ARSHT & TUNNELL LLP
`Jack B. Blumenfeld (#1014)
`Stephen J. Kraftschik (#5623)
`1201 North Market Street
`P.O. Box 1347
`Wilmington, DE 19899
`(302) 658-9200
`jblumenfeld@mnat.com
`skraftschik@mnat.com
`
`Attorneys for Defendant
`
`OF COUNSEL:
`
`B. Trent Webb
`Aaron E. Hankel
`Jordan T. Bergsten
`Maxwell C. McGraw
`SHOOK HARDY & BACON LLP
`2555 Grand Boulevard
`Kansas City, MO 64108
`(816) 474-6550
`
`Tanya Chaney
`SHOOK HARDY & BACON LLP
`600 Travis Street, Suite 3400
`Houston, TX 77002
`(713) 227-8008
`
`
`
`
`
`
`
`Original Filing Date: March 15, 2019
`Redacted Filing Date: March 28, 2019
`
`
`
`
`
`
`
`IN THE UNITED STATES DISTRICT COURT
`FOR THE DISTRICT OF DELAWARE
`
`ACCELERATION BAY LLC,
`
`Plaintiff,
`
`v.
`
`ACTIVISION BLIZZARD, INC.,
`
`Defendant.
`
`)
`)
`)
`)
`)
`)
`)
`)
`)
`
`C.A. No. 16-453 (RGA)
`
`REDACTED
`PUBLIC VERSION
`
`DECLARATION OF JORDAN BERGSTEN IN SUPPORT OF
`ACTIVISION BLIZZARD, INC.’S RESPONSE TO ACCELERATION BAY’S
`DAMAGES PROFFER AND ACTIVISION’S OPENING BRIEF IN SUPPORT OF ITS
`MOTION TO STRIKE PLAINTIFF’S SUPPLEMENTAL EXPERT DAMAGES
`REPORT BY RUSSELL L. PARR
`
`MORRIS, NICHOLS, ARSHT & TUNNELL LLP
`Jack B. Blumenfeld (#1014)
`Stephen J. Kraftschik (#5623)
`1201 North Market Street
`P.O. Box 1347
`Wilmington, DE 19899
`(302) 658-9200
`jblumenfeld@mnat.com
`skraftschik@mnat.com
`
`Attorneys for Defendant
`
`OF COUNSEL:
`
`B. Trent Webb
`Aaron E. Hankel
`Jordan T. Bergsten
`Maxwell C. McGraw
`SHOOK HARDY & BACON LLP
`2555 Grand Boulevard
`Kansas City, MO 64108
`(816) 474-6550
`
`Tanya Chaney
`SHOOK HARDY & BACON LLP
`600 Travis Street, Suite 3400
`Houston, TX 77002
`(713) 227-8008
`
`
`
`
`
`
`
`Original Filing Date: March 15, 2019
`Redacted Filing Date: March 28, 2019
`
`
`
`
`
`
`
`Case 1:16-cv-00453-RGA Document 659 Filed 03/28/19 Page 2 of 6 PageID #: 51530
`
`I, Jordan Bergsten, hereby declare as follows:
`
`1.
`
`I am an attorney with the law firm of Shook, Hardy & Bacon LLP, 2555 Grand
`
`Boulevard, Kansas City, Missouri 64108. Shook, Hardy & Bacon LLP is counsel for Defendant
`
`Activision Blizzard, Inc. (“Activision”) in the instant action. I am admitted to the bar of the
`
`State of Missouri and have been admitted in this case pro hac vice.
`
`2.
`
`I make this Declaration in support of Activision’s Response to Acceleration Bay’s
`
`Damages Proffer and Activision’s Opening Brief in Support of its Motion to Strike Plaintiff’s
`
`Supplemental Expert Damages Report by Russell L. Parr. I am familiar with the facts contained
`
`and documents described in the same.
`
`3.
`
`Attached as Exhibit 1 is a true and correct excerpted copy of the December 7,
`
`2018 Expert Report of Russell L. Parr.
`
`4.
`
`Attached as Exhibit 2 is a true and correct excerpted copy of the January 25, 2019
`
`First Supplemental Expert Report of Catharine M. Lawton, designated “CONFIDENTIAL”.
`
`5.
`
`Attached as Exhibit 3 is a true and correct excerpted copy of the February 7, 2019
`
`deposition transcript of Russell L. Parr.
`
`6.
`
`Attached as Exhibit 5 is a true and correct excerpted copy of a document marked
`
`as Exhibit 5 at the June 26, 2017 deposition of Robert Kostich, designated “CONFIDENTIAL –
`
`OUTSIDE COUNSEL ONLY MATERIAL”.
`
`7.
`
`Attached as Exhibit 6 is a true and correct excerpted copy of the September 23,
`
`2017 Expert Report of Dr. Ricarco Valerdi Regarding Cost Estimates, designated “HIGHLY
`
`CONFIDENTIAL – ATTORNEYS’ EYES ONLY – SOURCE CODE”.
`
`
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`Case 1:16-cv-00453-RGA Document 659 Filed 03/28/19 Page 3 of 6 PageID #: 51531
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`
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`8.
`
`Attached as Exhibit 7 is a true and correct excerpted copy of of the December 21,
`
`2017 deposition transcript of Ricardo Valerdi, Ph.D., designated “HIGHLY CONFIDENTIAL –
`
`ATTORNEYS’ EYES ONLY”.
`
`9.
`
`Attached as Exhibit 8 is a true and correct excerpted copy of the April 17, 2018
`
`deposition transcript of Nenad Medvidović, PH.D, designated “CONFIDENTIAL – OUTSIDE
`
`COUNSEL ONLY”.
`
`10.
`
`Attached as Exhibit 9 is a true and correct excerpted copy of the September 25,
`
`2017 Expert Report of Christine S. Meyer, Ph.D., designated “CONFIDENTIAL – OUTSIDE
`
`COUNSEL ONLY”.
`
`11.
`
`Attached as Exhibit 10 is a true and correct copy of “Infographic: A Massive
`
`History of Multiplayer Online Gaming”.
`
`12.
`
`Attached as Exhibit 11 is a true and correct excerpted copy of the May 31, 2017
`
`deposition transcript of Fred B. Holt, Ph.D, designated “HIGHLY CONFIDENTIAL –
`
`ATTORNEYS’ EYES ONLY”.
`
`13.
`
`Attached as Exhibit 12 is a true and correct excerpted copy Defendant Activision
`
`Blizzard, Inc.’s Objections and Responses to Plaintiff Acceleration Bay LLC’s First Set of
`
`Party-Specific Interrogatories (Nos. 1-7).
`
`14.
`
`Attached as Exhibit 13 is a true and correct excerpted copy of the November 13,
`
`2017 Rebuttal Expert Report of Catharine M. Lawton, designated “CONFIDENTIAL –
`
`OUTSIDE COUNSEL ONLY”.
`
`15.
`
`Attached as Exhibit 14 is a true and correct excerpted copy of the file history of
`
`U.S. Pat. No. 6,701,344.
`
`2
`
`
`
`Case 1:16-cv-00453-RGA Document 659 Filed 03/28/19 Page 4 of 6 PageID #: 51532
`
`
`
`16.
`
`Attached as Exhibit 15 is a true and correct excerpted copy of the file history of
`
`U.S. Pat. No. 6,714,966.
`
`17.
`
`Attached as Exhibit 16 is a true and correct excerpted copy of the file history of
`
`U.S. Pat. No. 6,732,147.
`
`18.
`
`Attached as Exhibit 17 is a true and correct copy of a draft agreement titled,
`
`Exclusive SWAN Technology License Agreement with Panthesis, Inc. produced in this matter at
`
`HOLT 003797, designated “CONFIDENTIAL”.
`
`19.
`
`Attached as Exhibit 18 is a true and correct excerpted copy of the May 4, 2017
`
`deposition
`
`transcript of Natasha Radovsky, designated “HIGHLY CONFIDENTIAL
`
`ATTORNEYS’ EYES ONLY”.
`
`20.
`
`Attached as Exhibit 19 is a true and correct copy a document marked as Exhibit
`
`70 at the May 4, 2017 deposition of Natasha Radovsky, designated “CONFIDENTIAL –
`
`OUTSIDE COUNSEL ONLY”.
`
`21.
`
`Attached as Exhibit 20 is a true and correct excerpted copy of an email from
`
`Linda Magnotti to Fred Holt, dated May 23, 2003, produced in this matter at HOLT 002455,
`
`designated “CONFIDENTIAL”.
`
`22.
`
`Attached as Exhibit 21 is a true and correct copy of the Errata to Expert Report of
`
`Dr. Ricardo Valerdi Regarding Cost Estimates, dated October 23, 2017, designated “HIGHLY
`
`CONFIDENTIAL – ATTORNEYS’ EYES ONLY –SOURCE CODE”.
`
`23.
`
`Attached as Exhibit 22 is a true and correct copy of the Transcript of Motion for
`
`Attorney’s Fees, dated January 17, 2017 in CA No. 15-228-RGA.
`
`3
`
`
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`Case 1:16-cv-00453-RGA Document 659 Filed 03/28/19 Page 5 of 6 PageID #: 51533
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`24.
`
`Attached as Exhibit 23 is a true and correct copy of a document marked as
`
`Exhibit 83 at the May 4, 2017 deposition of Natasha Radovsky, designated “CONFIDENTIAL –
`
`OUTSIDE COUNSEL ONLY”.
`
`25.
`
`Attached as Exhibit 24 is a true and correct copy of Plaintiff Acceleration Bay
`
`LLC’s First Supplemental Objections & Responses to Defendant Activision Blizzard, Inc.’s First
`
`Set of Party Specific Interrogatories Nos. 1, 2, 4), date June 2, 2017.
`
`26.
`
`Attached as Exhibit 25 is a true and correct copy of Activision’s Brief in Support
`
`of Motion (“D”) to Preclude Regarding Party Specific Interrogatory No. 1, dated July 5, 2017.
`
`27.
`
`Attached as Exhibit 26 is a true and accurate copy of Plaintiff Acceleration Bay
`
`LLC’s Second Supplemental Objections and Responses to Defendant Activision Blizzard, Inc.’s
`
`First Set of Party Specific Interrogatories (No. 1), date August 18, 2017.
`
`28.
`
`Attached as Exhibit 27 is a true and accurate copy of Activision Blizzard, Inc.’s
`
`Brief in Support of its Renewed Motion for Sanctions and Motion to Strike the Damages
`
`Opinion of Christine S. Meyer, PH.D., dated October 20, 2017.
`
`29.
`
`Attached as Exhibit 28 is a true and accurate copy of Apple Inc. v. Wi-LAN, Inc.,
`
`14cv2235, p. 9 (S.D. Cal. Jan. 3, 2019).
`
`30.
`
`Attached as Exhibit 29 is a true and accurate excerpted copy of the July 26, 2017
`
`deposition transcript of Fred B. Holt, Ph.D., designated “CONFIDENTIAL – OUTSIDE
`
`COUNSEL ONLY”.
`
`I declare under penalty of perjury that the foregoing is true and correct
`
`Dated: March 15, 2019
`
`By: /s/ _________________________
`Jordan Bergsten
`
`4
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`
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`Case 1:16-cv-00453-RGA Document 659 Filed 03/28/19 Page 6 of 6 PageID #: 51534
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`CERTIFICATE OF SERVICE
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`I hereby certify that on March 28, 2019, I caused the foregoing to be
`
`electronically filed with the Clerk of the Court using CM/ECF, which will send notification of
`
`such filing to all registered participants.
`
`I further certify that I caused copies of the foregoing document to be served
`
`on March 28, 2019, upon the following in the manner indicated:
`
`Philip A. Rovner, Esquire
`Jonathan A. Choa, Esquire
`POTTER ANDERSON & CORROON LLP
`1313 North Market Street, 6th Floor
`Wilmington, DE 19801
`Attorneys for Plaintiff
`
`Paul J. Andre, Esquire
`Lisa Kobialka, Esquire
`James R. Hannah, Esquire
`Hannah Lee, Esquire
`Yuridia Caire, Esquire
`Greg Proctor, Esquire
`Michael H. Lee, Esquire
`William Hannah, Esquire
`KRAMER LEVIN NAFTALIS & FRANKEL LLP
`990 Marsh Road
`Menlo Park, CA 94025
`Attorneys for Plaintiff
`
`Aaron M. Frankel, Esquire
`Marcus A. Colucci, Esquire
`Cristina Martinez, Esquire
`Shannon H. Hedvat, Esquire
`KRAMER LEVIN NAFTALIS & FRANKEL LLP
`1177 Avenue of the Americas
`New York, NY 10036
`Attorneys for Plaintiff
`
`VIA ELECTRONIC MAIL
`
`VIA ELECTRONIC MAIL
`
`VIA ELECTRONIC MAIL
`
`/s/ Stephen J. Kraftschik
`________________________________
`Stephen J. Kraftschik (#5623)
`
`
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