`
`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 -
`FILED UNDER SEAL
`
`DECLARATION OF MAXWELL MCGRAW IN SUPPORT OF
`ACTIVISION’S REPLY CONCERNING ITS PROFFER OBJECTIONS (D.I. 650)
`
`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
`
`David P. Enzminger
`Louis L. Campbell
`WINSTON & STRAWN LLP
`275 Middlefield Road, Suite 205
`Menlo Park, CA 94025
`(650) 858-6500
`
`Dan K. Webb
`Kathleen B. Barry
`WINSTON & STRAWN LLP
`35 West Wacker Drive
`Chicago, IL 60601
`(312) 558-5600
`
`Attorneys for Defendant
`
`OF COUNSEL:
`
`B. Trent Webb
`Aaron Hankel
`John Garretson
`Tanya Chaney
`Jordan T. Bergsten
`Maxwell C. McGraw
`SHOOK, HARDY & BACON LLP
`2555 Ground Boulevard
`Kansas City, MO 64108
`(816) 474-6550
`
`Michael A. Tomasulo
`Gino Cheng
`David K. Lin
`Joe S. Netikosol
`WINSTON & STRAWN LLP
`333 South Grand Avenue, 38th Floor
`Los Angeles, CA 90071
`(213) 615-1700
`
`Original Filing Date: April 19, 2019
`Redacted Filing Date: May 1, 2019
`
`
`
`Case 1:16-cv-00453-RGA Document 689 Filed 05/01/19 Page 2 of 4 PageID #: 52307
`
`I, Maxwell McGraw, 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 Reply Concerning its Proffer
`
`Objections. I am familiar with the facts contained and documents described in the same.
`
`3.
`
`Attached as Exhibit 30 is a true and correct excerpted copy of a document marked
`
`as Exhibit 14 at the May 31, 2017 deposition of Fred Holt.
`
`4.
`
`Attached as Exhibit 31 is a true and correct excerpted copy of the document
`
`produced as HOLT002275-2285.
`
`5.
`
`Attached as Exhibit 32 is a true and correct excerpted copy of the document
`
`produced as BOURASSA003591-3618.
`
`6.
`
`Attached as Exhibit 33 is a true and correct excerpted copy of the document
`
`produced as HOLT002422-2451.
`
`7.
`
`Attached as Exhibit 34 is a true and correct excerpted copy of the Expert Report of
`
`Dr. Nenad Medvidovic, dated September 23, 2017.
`
`8.
`
`Attached as Exhibit 35 is a true and correct excerpted copy of the document
`
`produced as ATVI0029686-29734.
`
`9.
`
`Attached as Exhibit 36 is a true and correct excerpted copy of the Reply Expert
`
`Report of Dr. Nenad Medvidovic, dated December 14, 2017.
`
`Declaration of Maxwell McGraw
`
`(3 of 3)
`
`
`
`Case 1:16-cv-00453-RGA Document 689 Filed 05/01/19 Page 3 of 4 PageID #: 52308
`
`I declare under penalty of perjury that the foregoing is true and correct
`
`Dated: April 19, 2019
`
`By: /s/ _________________________
`Maxwell C. McGraw
`
`Declaration of Maxwell McGraw
`
`(3 of 3)
`
`
`
`Case 1:16-cv-00453-RGA Document 689 Filed 05/01/19 Page 4 of 4 PageID #: 52309
`
`CERTIFICATE OF SERVICE
`
`I hereby certify that on May 1, 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 May
`
`1, 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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