Case 1:16-cv-00453-RGA Document 674 Filed 04/15/19 Page 1 of 5 PageID #: 52004
`
`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 BRIEF IN OPPOSITION TO PLAINTIFF ACCELERATION BAY’S MOTION TO
`EXCLUDE OPINIONS OF CATHARINE M. LAWTON
`
`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 Defendants
`
`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: April 5, 2019
`Redacted Filing Date: April 15, 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 BRIEF IN OPPOSITION TO PLAINTIFF ACCELERATION BAY’S MOTION TO
`EXCLUDE OPINIONS OF CATHARINE M. LAWTON
`
`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 Defendants
`
`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: April 5, 2019
`Redacted Filing Date: April 15, 2019
`
`
`
`Case 1:16-cv-00453-RGA Document 674 Filed 04/15/19 Page 2 of 5 PageID #: 52005
`
`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
`
`motion to exclude opinions of Catharine M. Lawton. I am familiar with the facts contained and
`
`documents described in the same.
`
`3.
`
`Attached as Exhibit A is a true and correct excerpted copy of the First
`
`Supplemental Expert Report of Catharine M. Lawton, dated January 25, 2019, designated
`
`“CONFIDENTIAL”.
`
`4.
`
`Attached as Exhibit B is a true and correct excerpted copy of the Expert Report of
`
`Russell L. Parr, dated December 7, 2018.
`
`5.
`
`Attached as Exhibit C is a true and correct excerpted copy the Rebuttal Expert
`
`Report of Catharine M. Lawton, dated November 13, 2017, designated “CONFIDENTIAL –
`
`OUTSIDE COUNSEL ONLY”.
`
`6.
`
`Attached as Exhibit D is a true and correct copy of Exhibit 3 of the Expert Report
`
`of Christine S. Meyer, Ph.D., dated September 25, 2017, designated “CONFIDENTIAL –
`
`OUTSIDE COUNSEL ONLY”.
`
`7.
`
`Attached as Exhibit E is a true and correct excerpted copy of the October 19, 2018
`
`pretrial hearing transcript.
`
`8.
`
`Attached as Exhibit F is a true and correct excerpted copy of the February 12, 2019
`
`deposition transcript of Catharine M. Lawton.
`
`Declaration of Jordan Bergsten
`
`(1 of 7)
`
`
`
`Case 1:16-cv-00453-RGA Document 674 Filed 04/15/19 Page 3 of 5 PageID #: 52006
`
`9.
`
`Attached as Exhibit G is a true and correct excerpted copy of the January 25, 2018
`
`deposition transcript of Catharine M. Lawton, designated “CONFIDENTIAL”.
`
`10.
`
`Attached as Exhibit H is a true and correct excerpted copy of the Expert Report of
`
`Dr. Michael R. Macedonia, dated November 13, 2017, designated “CONFIDENTIAL – OUTSIDE
`
`COUNSEL ONLY” and “RESTRICTED HIGHLY CONFIDENTIAL ACTIVISION AND NON-
`
`PARTY SOURCE CODE”.
`
`11.
`
`Attached as Exhibit I is a true and correct excerpted copy of the Expert Report of
`
`Dr. John P. J. Kelly, dated November 13, 2017, designated “CONFIDENTIAL – OUTSIDE
`
`COUNSEL ONLY” and “RESTRICTED HIGHLY CONFIDENTIAL ACTIVISION AND NON-
`
`PARTY SOURCE CODE”.
`
`12.
`
`Attached as Exhibit J is a true and correct copy Defendant Activision Blizzard,
`
`Inc.’s Objections and Responses to Plaintiff Acceleration Bay LLC’s First Set of Party-Specific
`
`Interrogatories (Nos. 1-7).
`
`13.
`
`Attached as Exhibit K is a true and correct excerpted copy of the Expert Report of
`
`Christine S. Meyer, Ph.D., dated September 25, 2017, designated “CONFIDENTIAL – OUTSIDE
`
`COUNSEL ONLY”.
`
`14.
`
`Attached as Exhibit L is a true and correct excerpted copy of the Expert Report of
`
`Dr. Ricarco Valerdi Regarding Cost Estimates, dated September 23, 2017, “CONFIDENTIAL –
`
`OUTSIDE COUNSEL ONLY” and “RESTRICTED HIGHLY CONFIDENTIAL ACTIVISION
`
`AND NON-PARTY SOURCE CODE”.
`
`15.
`
`Attached as Exhibit M is a true and correct excerpted copy of the December 21,
`
`2017 deposition transcript of Ricardo Valerdi, designated “HIGHLY CONFIDENTIAL –
`
`ATTORNEYS’ EYES ONLY”.
`
`Declaration of Jordan Bergsten
`
`(2 of 7)
`
`
`
`Case 1:16-cv-00453-RGA Document 674 Filed 04/15/19 Page 4 of 5 PageID #: 52007
`
`I declare under penalty of perjury that the foregoing is true and correct
`
`Dated: April 5, 2019
`
`By: /s/ _________________________
`Jordan Bergsten
`
`Declaration of Jordan Bergsten
`
`(3 of 7)
`
`
`
`Case 1:16-cv-00453-RGA Document 674 Filed 04/15/19 Page 5 of 5 PageID #: 52008
`
`CERTIFICATE OF SERVICE
`
`I hereby certify that on April 15, 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
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`on April 15, 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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