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`IN THE UNITED STATES DISTRICT COURT
`FOR THE DISTRICT OF DELAWARE
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`C.A. No. 16-453 (RGA)
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`DECLARATION OF AARON FRANKEL IN SUPPORT OF
`ACCELERATION BAY LLC’S OPPOSITION TO ACTIVISION
`BLIZZARD’S SUPPLEMENTAL MOTION FOR SUMMARY
`JUDGMENT OF NON-INFRINGEMENT BASED ON COLLATERAL ESTOPPEL
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`ACCELERATION BAY LLC,
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`ACTIVISION BLIZZARD, INC.,
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`Defendant.
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`Plaintiff,
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`v.
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`Case 1:16-cv-00453-RGA Document 736 Filed 12/17/21 Page 2 of 2 PageID #: 54086
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`I, Aaron Frankel declare as follows:
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`1.
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`I am an attorney with the law firm Kramer Levin Naftalis & Frankel LLP, counsel
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`of record for Acceleration Bay LLC (“Acceleration Bay”) for the above referenced matter. I
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`have personal knowledge of the facts stated herein and can testify competently to those facts. I
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`make this declaration in support of Plaintiff Acceleration Bay LLC’s Opposition to Activision
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`Blizzard’s Supplemental Motion for Summary Judgment of Non-Infringement Based on
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`Collateral Estoppel.
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`2.
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`Attached hereto as Exhibit A is a true and correct copy of pages 11 and 17 from
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`the Expert Report of Dr. Eric Cole Regarding Technology Tutorial, served on September 25,
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`2017 in this matter.
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`3.
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`Attached hereto as Exhibit B is a true and correct copy of the transcript for
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`proceedings held on November 4, 2021 in this matter.
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` declare under penalty of perjury of the United States of America that the foregoing is
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`true and correct. Executed on December 17, 2021, in Allendale, New Jersey.
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`By: /s/ Aaron Frankel
`Aaron Frankel
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`1
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