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Case 1:16-cv-00454-RGA Document 575 Filed 10/08/21 Page 1 of 2 PageID #: 47690
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`IN THE UNITED STATES DISTRICT COURT
`FOR THE DISTRICT OF DELAWARE
`
`C.A. No. 16-453 (RGA)
`
`C.A. No. 16-454 (RGA)
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`)))))))))
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`
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`)))))))))
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`
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`ACCELERATION BAY LLC,
`
`Plaintiff,
`
`v.
`
`ACTIVISION BLIZZARD, INC.,
`
`Defendant.
`
`ACCELERATION BAY LLC,
`
`Plaintiff,
`
`v.
`
`ELECTRONIC ARTS INC.,
`
`Defendant.
`
`STATUS REPORT
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`Plaintiff Acceleration Bay LLC (“Acceleration Bay”) provides the following Status
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`Report regarding the above-referenced action.
`
`On April 21, 2020, the Court sua sponte stayed these actions pending the resolution of the
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`appeal from related case Acceleration Bay LLC, v. 2K Sports, Inc., C.A No. 16-00455 (the “Take
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`Two Action”). D.I. 711. The Court then administratively closed these cases and directed that
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`“The parties shall promptly notify the Court when the related litigation has been resolved so this
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`case may be reopened and other appropriate action may be taken.” D.I. 712.
`
`The Court of Appeals for the Federal Circuit issued a decision in the appeal from the
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`Take Two Action, No. 2020-01700 (Fed. Cir.) (the “Take Two Appeal”) on October 4, 2021,
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`

`

`Case 1:16-cv-00454-RGA Document 575 Filed 10/08/21 Page 2 of 2 PageID #: 47691
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`attached as Exhibit 1 hereto. Accordingly, Acceleration Bay requests that the Court reopen these
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`cases and lift the stay.
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`Acceleration Bay further requests that the Court rule on Acceleration Bay’s pending
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`Damages Proffer in C.A. No. 16-453 (RGA) (D.I. 700). See D.I. 699 (Oral Order requesting
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`Damages Proffer), 702 (Response to Damages Proffer); C.A. No. 16-454 (RGA). D.I. 553
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`(Stipulated Order re: Case Management) (deferring resolution of damages issues in C.A. No. 16-
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`454 until the resolution of damages issues is concluded in C.A. No. 16-453).
`
`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
`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: October 8, 2021
`7428365
`
`2
`
`

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