`
`IN THE UNITED STATES DISTRICT COURT
`FOR THE DISTRICT OF DELAWARE
`
`
`Plaintiff,
`
`
`
`v.
`
`ACCELERATION BAY LLC,
`
`
`
`
`
`ACTIVISION BLIZZARD, INC.,
`
`
`
`
`
`
`
`
`
`
`
`Defendant.
`
`DECLARATION OF JORDAN BERGSTEN IN SUPPORT OF
`ACTIVISION BLIZZARD’S OPENING BRIEF IN SUPPORT OF ITS SUPPLEMENTAL
`MOTION FOR SUMMARY JUDGMENT OF NON-INFRINGEMENT
`BASED ON COLLATERAL ESTOPPEL
`
`
`
`
`
`OF COUNSEL:
`
`B. Trent Webb
`Aaron Hankel
`John Garretson
`Jordan T. Bergsten
`Maxwell C. McGraw
`SHOOK, HARDY & BACON LLP
`2555 Ground Boulevard
`Kansas City, MO 64108
`(816) 474-6550
`
`Original Filing Date: November 22, 2021
`Redacted Filing Date: November 29, 2021
`
`
`
`
`MORRIS, NICHOLS, ARSHT & TUNNELL LLP
`Jack B. Blumenfeld (#1014)
`Cameron Clark (#6647)
`1201 North Market Street
`P.O. Box 1347
`Wilmington, DE 19899
`(302) 658-9200
`jblumenfeld@morrisnichols.com
`cclark@morrisnichols.com
`
`
`Attorneys for Defendant
`
`
`
`
`
`)
`)
`)
`)
`) C.A. No. 16-453 (RGA)
`)
`) REDACTED -
`) PUBLIC VERSION
`)
`
`
`
`
`Case 1:16-cv-00453-RGA Document 734 Filed 11/29/21 Page 2 of 4 PageID #: 54019
`
`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 supplemental summary judgment
`
`brief on collateral estoppel on non-infringement. I am familiar with the facts contained and
`
`documents described in the same.
`
`3.
`
`Attached as Exhibit 1, filed under seal, is a true and correct excerpted and highlighted
`
`copy of the May 17, 2016 deposition transcript of Pat Griffith, designated “CONFIDENTIAL.”
`
`4.
`
`Attached as Exhibit 2, filed under seal, is a true and correct excerpted and
`
`highlighted copy of the Reply Expert Report of Michael Mitzenmacher, PH.D., Regarding
`
`Infringement By Activision Blizzard, Inc., dated December 14, 2017, designate “CONFIDENTIAL
`
`– OUTSIDE COUNSEL ONLY – RESTRICTED HIGHLY CONFIDENTIAL NON-PARTY
`
`SOURCE CODE.”
`
`5.
`
`Attached as Exhibit 3 is a true and correct excerpted and highlighted copy the
`
`November 4, 2021 hearing transcript of the Status Conference.
`
`6.
`
`Attached as Exhibit 4, filed under seal, is a true and correct excerpted and
`
`highlighted copy of the January 5, 2018 deposition transcript of Michael Mitzenmacher,
`
`designated “CONFIDENTIAL – OUTSIDE COUNSEL ONLY.”
`
`7.
`
`Attached as Exhibit 5, filed under seal, is a true and correct excerpted and
`
`highlighted copy of the September 8, 2017 deposition transcript of Kurtis McCathern, designated
`
`“HIGHLY CONFIDENTIAL – ATTORNEYS’ EYES ONLY.”
`
`
`
`2
`
`
`
`Case 1:16-cv-00453-RGA Document 734 Filed 11/29/21 Page 3 of 4 PageID #: 54020
`
`8.
`
`Attached as Exhibit 6, filed under seal, is a true and correct excerpted and
`
`highlighted copy of the January 12, 2018 deposition transcript of Nenad Medvidovic, designated
`
`“CONFIDENTIAL – OUTSIDE COUNSEL EYES ONLY.”
`
` I
`
` declare under penalty of perjury that the foregoing is true and correct.
`
`
`
`Dated: November 22, 2021
`
`
`By: /s/ _________________________
`Jordan Bergsten
`
`
`
`
`
`
`
`3
`
`
`
`Case 1:16-cv-00453-RGA Document 734 Filed 11/29/21 Page 4 of 4 PageID #: 54021
`
`CERTIFICATE OF SERVICE
`
`I hereby certify that on November 22, 2021, 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 November
`
`22, 2021, 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
`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/ Jack B. Blumenfeld
`________________________________
`Jack B. Blumenfeld (#1014)
`
`
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