Case 1:16-cv-00453-RGA Document 75-1 Filed 03/13/17 Page 1 of 12 PageID #: 6660
`Case 1:16-cv-00453-RGA Document 75-1 Filed 03/13/17 Page 1 of 12 PagelD #: 6660
`
`EXHIBIT A
`EXHIBIT A
`
`

`

`Case 1:16-cv-00453-RGA Document 75-1 Filed 03/13/17 Page 2 of 12 PageID #: 6661
`
`AO 88B (Rev. 02/14) Subpoena to Produce Documents, Information, or Objects or to Permit Inspection of Premises in a Civil Action
`
`UNITED STATES DISTRICT COURT
`for the
`__________ District of __________
`
`Civil Action No.
`
`))))))
`
`Plaintiff
`v.
`
`Defendant
`
`SUBPOENA TO PRODUCE DOCUMENTS, INFORMATION, OR OBJECTS
`OR TO PERMIT INSPECTION OF PREMISES IN A CIVIL ACTION
`
`To:
`
`(Name of person to whom this subpoena is directed)
`’ Production: YOU ARE COMMANDED to produce at the time, date, and place set forth below the following
`documents, electronically stored information, or objects, and to permit inspection, copying, testing, or sampling of the
`material:
`
`Place:
`
`Date and Time:
`
`’ Inspection of Premises: YOU ARE COMMANDED to permit entry onto the designated premises, land, or
`other property possessed or controlled by you at the time, date, and location set forth below, so that the requesting party
`may inspect, measure, survey, photograph, test, or sample the property or any designated object or operation on it.
`
`Place:
`
`Date and Time:
`
`The following provisions of Fed. R. Civ. P. 45 are attached – Rule 45(c), relating to the place of compliance;
`Rule 45(d), relating to your protection as a person subject to a subpoena; and Rule 45(e) and (g), relating to your duty to
`respond to this subpoena and the potential consequences of not doing so.
`
`Date:
`
`CLERK OF COURT
`
`OR
`
`Signature of Clerk or Deputy Clerk
`
`Attorney’s signature
`
`The name, address, e-mail address, and telephone number of the attorney representing (name of party)
`, who issues or requests this subpoena, are:
`
`Notice to the person who issues or requests this subpoena
`If this subpoena commands the production of documents, electronically stored information, or tangible things or the
`inspection of premises before trial, a notice and a copy of the subpoena must be served on each party in this case before
`it is served on the person to whom it is directed. Fed. R. Civ. P. 45(a)(4).
`
` District of Delaware
`
`Acceleration Bay, LLC,
`
`16-453-RGA
`
`
`Activision Blizzard, Inc.
`
`Joe Rumsey, 357 Saint Andrews Ln., Half Moon Bay, CA 94019-2226
`
`4
`
` See Attachment A
`
`Kramer Levin Naftalis & Frankel LLP,
`990 Marsh Road, Menlo Park, CA 94025
`
`04/03/2017 6:00 pm
`
`03/13/2017
`
`/s/ Philip A. Rovner
`
`Acceleration Bay, LLC
`
`Philip A. Rovner, Potter Anderson & Corroon LLP, 1313 N. Market Street, Wilmington DE 19801, 302-984-6000
`
`

`

`Case 1:16-cv-00453-RGA Document 75-1 Filed 03/13/17 Page 3 of 12 PageID #: 6662
`
`AO 88B (Rev. 02/14) Subpoena to Produce Documents, Information, or Objects or to Permit Inspection of Premises in a Civil Action (Page 2)
`
`Civil Action No.
`
`PROOF OF SERVICE
`(This section should not be filed with the court unless required by Fed. R. Civ. P. 45.)
`
`I received this subpoena for (name of individual and title, if any)
`.
`
`on (date)
`
`’ I served the subpoena by delivering a copy to the named person as follows:
`
`’ I returned the subpoena unexecuted because:
`
`on (date)
`
`; or
`
`Unless the subpoena was issued on behalf of the United States, or one of its officers or agents, I have also
`tendered to the witness the fees for one day’s attendance, and the mileage allowed by law, in the amount of
`$
`.
`
`My fees are $
`
`for travel and $
`
`for services, for a total of $
`
`.
`
`.
`
`I declare under penalty of perjury that this information is true.
`
`Date:
`
`Additional information regarding attempted service, etc.:
`
`Server’s signature
`
`Printed name and title
`
`Server’s address
`
`16-453-RGA
`
`0.00
`
`Print
`
`Save As...
`
`Add Attachment
`
`Reset
`
`

`

`Case 1:16-cv-00453-RGA Document 75-1 Filed 03/13/17 Page 4 of 12 PageID #: 6663
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`AO 88B (Rev. 02/14) Subpoena to Produce Documents, Information, or Objects or to Permit Inspection of Premises in a Civil Action(Page 3)
`
`(c) Place of Compliance.
`
`Federal Rule of Civil Procedure 45 (c), (d), (e), and (g) (Effective 12/1/13)
` (ii) disclosing an unretained expert’s opinion or information that does
`not describe specific occurrences in dispute and results from the expert’s
`study that was not requested by a party.
` (C) Specifying Conditions as an Alternative. In the circumstances
`described in Rule 45(d)(3)(B), the court may, instead of quashing or
`modifying a subpoena, order appearance or production under specified
`conditions if the serving party:
` (i) shows a substantial need for the testimony or material that cannot be
`otherwise met without undue hardship; and
` (ii) ensures that the subpoenaed person will be reasonably compensated.
`
` (1) For a Trial, Hearing, or Deposition. A subpoena may command a
`person to attend a trial, hearing, or deposition only as follows:
` (A) within 100 miles of where the person resides, is employed, or
`regularly transacts business in person; or
` (B) within the state where the person resides, is employed, or regularly
`transacts business in person, if the person
` (i) is a party or a party’s officer; or
` (ii) is commanded to attend a trial and would not incur substantial
`expense.
`
` (2) For Other Discovery. A subpoena may command:
` (A) production of documents, electronically stored information, or
`tangible things at a place within 100 miles of where the person resides, is
`employed, or regularly transacts business in person; and
` (B) inspection of premises at the premises to be inspected.
`
`(d) Protecting a Person Subject to a Subpoena; Enforcement.
`
` (1) Avoiding Undue Burden or Expense; Sanctions. A party or attorney
`responsible for issuing and serving a subpoena must take reasonable steps
`to avoid imposing undue burden or expense on a person subject to the
`subpoena. The court for the district where compliance is required must
`enforce this duty and impose an appropriate sanction—which may include
`lost earnings and reasonable attorney’s fees—on a party or attorney who
`fails to comply.
`
` (2) Command to Produce Materials or Permit Inspection.
` (A) Appearance Not Required. A person commanded to produce
`documents, electronically stored information, or tangible things, or to
`permit the inspection of premises, need not appear in person at the place of
`production or inspection unless also commanded to appear for a deposition,
`hearing, or trial.
` (B) Objections. A person commanded to produce documents or tangible
`things or to permit inspection may serve on the party or attorney designated
`in the subpoena a written objection to inspecting, copying, testing, or
`sampling any or all of the materials or to inspecting the premises—or to
`producing electronically stored information in the form or forms requested.
`The objection must be served before the earlier of the time specified for
`compliance or 14 days after the subpoena is served. If an objection is made,
`the following rules apply:
` (i) At any time, on notice to the commanded person, the serving party
`may move the court for the district where compliance is required for an
`order compelling production or inspection.
` (ii) These acts may be required only as directed in the order, and the
`order must protect a person who is neither a party nor a party’s officer from
`significant expense resulting from compliance.
`
` (3) Quashing or Modifying a Subpoena.
` (A) When Required. On timely motion, the court for the district where
`compliance is required must quash or modify a subpoena that:
` (i) fails to allow a reasonable time to comply;
` (ii) requires a person to comply beyond the geographical limits
`specified in Rule 45(c);
` (iii) requires disclosure of privileged or other protected matter, if no
`exception or waiver applies; or
` (iv) subjects a person to undue burden.
` (B) When Permitted. To protect a person subject to or affected by a
`subpoena, the court for the district where compliance is required may, on
`motion, quash or modify the subpoena if it requires:
`(i) disclosing a trade secret or other confidential research,
`development, or commercial information; or
`
`(e) Duties in Responding to a Subpoena.
`
` (1) Producing Documents or Electronically Stored Information. These
`procedures apply to producing documents or electronically stored
`information:
` (A) Documents. A person responding to a subpoena to produce documents
`must produce them as they are kept in the ordinary course of business or
`must organize and label them to correspond to the categories in the demand.
` (B) Form for Producing Electronically Stored Information Not Specified.
`If a subpoena does not specify a form for producing electronically stored
`information, the person responding must produce it in a form or forms in
`which it is ordinarily maintained or in a reasonably usable form or forms.
` (C) Electronically Stored Information Produced in Only One Form. The
`person responding need not produce the same electronically stored
`information in more than one form.
` (D) Inaccessible Electronically Stored Information. The person
`responding need not provide discovery of electronically stored information
`from sources that the person identifies as not reasonably accessible because
`of undue burden or cost. On motion to compel discovery or for a protective
`order, the person responding must show that the information is not
`reasonably accessible because of undue burden or cost. If that showing is
`made, the court may nonetheless order discovery from such sources if the
`requesting party shows good cause, considering the limitations of Rule
`26(b)(2)(C). The court may specify conditions for the discovery.
`
`(2) Claiming Privilege or Protection.
` (A) Information Withheld. A person withholding subpoenaed information
`under a claim that it is privileged or subject to protection as trial-preparation
`material must:
` (i) expressly make the claim; and
` (ii) describe the nature of the withheld documents, communications, or
`tangible things in a manner that, without revealing information itself
`privileged or protected, will enable the parties to assess the claim.
` (B) Information Produced. If information produced in response to a
`subpoena is subject to a claim of privilege or of protection as
`trial-preparation material, the person making the claim may notify any party
`that received the information of the claim and the basis for it. After being
`notified, a party must promptly return, sequester, or destroy the specified
`information and any copies it has; must not use or disclose the information
`until the claim is resolved; must take reasonable steps to retrieve the
`information if the party disclosed it before being notified; and may promptly
`present the information under seal to the court for the district where
`compliance is required for a determination of the claim. The person who
`produced the information must preserve the information until the claim is
`resolved.
`
`(g) Contempt.
`The court for the district where compliance is required—and also, after a
`motion is transferred, the issuing court—may hold in contempt a person
`who, having been served, fails without adequate excuse to obey the
`subpoena or an order related to it.
`
`For access to subpoena materials, see Fed. R. Civ. P. 45(a) Committee Note (2013).
`
`

`

`Case 1:16-cv-00453-RGA Document 75-1 Filed 03/13/17 Page 5 of 12 PageID #: 6664
`
`ATTACHMENT A
`
`DEFINITIONS
`
`1.
`
`The terms “Plaintiff” and “Acceleration Bay” shall mean Plaintiff Acceleration
`
`Bay LLC, its present and former directors, officers, employees, parent organization(s),
`
`subsidiary organization(s), predecessors in interest, successors in interest, divisions, servants,
`
`agents, attorneys, consultants, partners, associates, investigators, representatives, accountants,
`
`financial advisors, distributors and any other person acting on its behalf, pursuant to its
`
`authority or subject to its control.
`
`2.
`
`The term “Activision” shall mean Activision Blizzard, Inc., its present and
`
`former directors, officers, employees, parent organization(s), subsidiary organization(s),
`
`predecessors in interest, successors in interest, divisions, servants, agents, attorneys, consultants,
`
`partners, associates, investigators, representatives, accountants, financial advisors, distributors
`
`and any other person acting on its behalf, pursuant to its authority or subject to its control,
`
`including any and all joint ventures or other legal entities of any type whatsoever in which
`
`Activision owns or owned any interest, receives or received any payments and/or participated or
`
`now participates in any manner.
`
`3.
`
`The terms “you” and “your” shall mean Joe Rumsey as an individual, his
`
`agents and representatives acting or purporting to act on his behalf..
`
`4.
`
`The term “WoW” shall mean all World of Warcraft Games that are
`
`developed and/or published by Activision, including all current, previous and currently
`
`contemplated versions, releases, or continuations of the games.
`
`1
`
`

`

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`5.
`
`The term “Multi-Server/Player-Networks” shall mean networks, software and
`
`hardware used to provide, support or enable direct communications amongst multiple servers
`
`and/or players in WoW.
`
`6.
`
`The term “’344 Patent” shall mean United States Patent No. 6,701,344 entitled
`
`“Distributed Game Environment,” the application leading to this patent and any related patent
`
`application, including any WIPO, EPO or other foreign counterpart application or patents, any
`
`continuations, continuations in part, divisionals, reissues, reexaminations, extensions or parents
`
`thereof.
`
`7.
`
`The term “’966 Patent” shall mean United States Patent No. 6,714,966 entitled
`
`“Information Delivery Service,” the application leading to this patent and any related patent
`
`application, including any WIPO, EPO or other foreign counterpart application or patents, any
`
`continuations, continuations in part, divisionals, reissues, reexaminations, extensions or parents
`
`thereof.
`
`8.
`
`The term “’147 Patent” shall mean United States Patent No. 6,732,147 entitled
`
`“Leaving a Broadcast Channel,” the application leading to this patent and any related patent
`
`application, including any WIPO, EPO or other foreign counterpart application or patents, any
`
`continuations, continuations in part, divisionals, reissues, reexaminations, extensions or parents
`
`thereof.
`
`9.
`
`The term “’634 Patent” shall mean United States Patent No. 6,829,634 entitled
`
`“Broadcasting Network,” the application leading to this patent and any related patent
`
`application, including any WIPO, EPO or other foreign counterpart application or patents, any
`
`2
`
`

`

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`continuations, continuations in part, divisionals, reissues, reexaminations, extensions or parents
`
`thereof.
`
`10.
`
`The term “’069 Patent” shall mean United States Patent No. 6,910,069 entitled
`
`“Joining a Broadcast Channel,” the application leading to this patent and any related patent
`
`application, including any WIPO, EPO or other foreign counterpart application or patents, any
`
`continuations, continuations in part, divisionals, reissues, reexaminations, extensions or parents
`
`thereof.
`
`11.
`
`The term “’497 Patent” shall mean United States Patent No. 6,920,497 entitled
`
`“Joining a Broadcast Channel,” the application leading to this patent and any related patent
`
`application, including any WIPO, EPO or other foreign counterpart application or patents, any
`
`continuations, continuations in part, divisionals, reissues, reexaminations, extensions or parents
`
`thereof.
`
`12.
`
`The term “Patents-in-Suit” refers collectively to the '344 Patent, ‘966 Patent,
`
`‘147 Patent, ‘634 Patent, ‘069 Patent and '497 Patent.
`
`13.
`
`The term “document” shall mean all “writings” and “recordings” as those
`
`terms are defined in Fed. R. Civ. P. 34(a) and Fed. R. Evid. 1001 as well as any writing or
`
`recording of any type, whether written, printed, transcribed, recorded (mechanically or
`
`electronically) or reproduced by hand, including, but not limited to, all letters,
`
`correspondence, facsimiles, e-mail, telegrams, transcriptions and records of telephone
`
`conversations, memoranda, notes, records, reports, statements, minutes, communications,
`
`slide presentations, microfilm, microfiche, tape recordings, videotapes, photographs, studies,
`
`policy manuals and statements, books, plans, analyses, computer records, runs, programs,
`
`3
`
`

`

`Case 1:16-cv-00453-RGA Document 75-1 Filed 03/13/17 Page 8 of 12 PageID #: 6667
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`software and any code(s) necessary to comprehend the same, test plans, test results,
`
`notebooks, diaries, agreements, contracts, purchase orders, invoices, advertisements,
`
`marketing materials, offer letters, beta site testing agreements, third party or joint development
`
`agreements, bills, statements and any other written, printed, typed, recorded or graphic matter,
`
`however produced or recorded, including copies and drafts of same, and any handwritten or
`
`typewritten notes of any kind thereon or attached thereto. The term “document” shall also
`
`include all technical documents, defined as source code, specifications, schematics, flow
`
`charts, artwork, drawing, pictures, pictorial representations, formulas, troubleshooting guides,
`
`service bulletins, technical bulletins, production specification sheets, white papers, operator
`
`manuals, operation manuals, instruction manuals and all other documents sufficient to show
`
`the operation of any aspects or elements of Your products which includes all past and present
`
`releases, revisions, versions and upgrades.
`
`14.
`
`15.
`
`The term “thing” shall mean any tangible object, other than a document.
`
`The term “communication” shall mean every manner or method of disclosure,
`
`transfer or exchange of information, whether orally or by document, and whether face to face,
`
`by telephone, mail, e-mail, facsimile, personal delivery or through another medium, including,
`
`but not limited to, discussions, conversations, negotiations, conferences, meetings, speeches,
`
`memoranda, letters, correspondence, notes, statements or questions.
`
`16.
`
`The terms “concerning,” “relating to,” “relate to,” “refer to” and “referring
`
`to” mean alluding to, responding to, connected with, commenting on, in respect of, about,
`
`regarding, discussing, showing, identifying, describing, mentioning, reflecting, analyzing,
`
`4
`
`

`

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`comprising, constituting, evidencing, supporting, refuting, contradicting, memorializing,
`
`pertaining to, bearing upon or illuminating the subject matter into which inquiry is made.
`
`17.
`
`The terms “and” and “or” shall be construed conjunctively or disjunctively in a
`
`manner making the request inclusive rather than exclusive.
`
`18.
`
`The singular of any word or phrase shall include the plural of such word or
`
`phrase, and the plural of any word or phrase shall include the singular of such word or phrase.
`
`19.
`
`The term “all” shall mean “any and all” and the term “any” shall mean “any
`
`and all.”
`
`INSTRUCTIONS
`
`1.
`
`You are to search all documents and things within your possession, custody or
`
`control or within the possession, custody or control of your attorneys, accountants, or other
`
`agents or representatives, wherever located, including but not limited to documents and things
`
`placed in storage facilities and documents and things in the possession of any employee, agent,
`
`representative, or person acting or purporting to act on your behalf whether located at his or her
`
`residence(s) and/or place(s) of business(es).
`
`2.
`
`Pursuant to Fed. R. Civ. P. 34(b), you are instructed to produce documents as
`
`they are kept in the usual course of business or the documents shall be organized and labeled to
`
`correspond to the categories for each Request. In addition, documents are to be produced in
`
`full and unexpurgated form; redacted documents will not constitute compliance with a Request.
`
`3.
`
`Different versions of the same documents, handwritten notes or notations in
`
`any form, draft documents and documents with handwritten notations or marks not found in the
`
`original or on other copies are considered to be different documents for the purpose of
`
`5
`
`

`

`Case 1:16-cv-00453-RGA Document 75-1 Filed 03/13/17 Page 10 of 12 PageID #: 6669
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`production in compliance with these requests, and each form should be produced
`
`independently.
`
`4.
`
`Electronic and computerized information must be produced in an intelligible
`
`format or together with a description of the system from which it was derived sufficient to
`
`permit rendering the materials intelligible.
`
`5.
`
`All documents produced in response to these Requests shall be produced in
`
`toto notwithstanding the fact that portions thereof may contain information not requested.
`
`6.
`
`7.
`
`The geographic scope of these Requests is worldwide.
`
`All documents produced in response to these Requests shall be produced along
`
`with any and/or all attachments and/or enclosures as have ever been attached to and/or enclosed
`
`with such documents at any time.
`
`8.
`
`All documents requested herein shall be produced in the same sequence as they
`
`are contained or found and with the file folders and other identifying documents or containers
`
`(e.g., copy of envelope, file cabinet market, binder tab) in which such documents were located
`
`when these requests were served.
`
`9.
`
`If you object or otherwise refuse to respond or produce documents or things in
`
`response to any portion of a Request, you shall (1) state the objection or reason for such refusal,
`
`and (2) provide all documents or things called for by that portion of the Request to which you
`
`do not object or refuse to respond.
`
`10.
`
`Should you deem any responsive document to be privileged or subject to the
`
`work product doctrine, please list and identify each such document to the extent possible and
`
`state information sufficient to permit Acceleration Bay to evaluate the privilege or protection
`
`6
`
`

`

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`asserted, including author(s); recipient(s); sender(s); date; general subject matter; and the
`
`privilege or protection that is claimed.
`
`11.
`
`These Requests are submitted for the purpose of discovery and are not to be
`
`taken as waiving any objections that may be made at trial to the introduction of evidence on
`
`subjects covered by these Requests or as an admission of the relevance or materiality of any of
`
`the matters covered by these Requests at trial of any of these Cases.
`
`12.
`
`Pursuant to Fed. R. Civ. P. 26(e)(2), these Requests shall be deemed continuing
`
`so as to require further and supplemental production by you in the event that you or any person
`
`acting on your behalf, obtains or discovers additional documents or information that may
`
`augment or otherwise modify your responses hereto, between the time of initial production and·
`
`the time of any trial in these Cases
`
`REQUESTS FOR DOCUMENTS
`
`1.
`
`All documents related to Joe’s Automated Messages technology (“JAM”), for
`
`example, as referenced in your PowerPoint presentation entitled “Network Serialization and
`
`Routing
`
`in World
`
`of Warcraft,”
`
`which
`
`can
`
`be
`
`accessed
`
`online
`
`at
`
`http://www.gdcvault.com/play/1018184/Network-Serialization-and-Routing-in,
`
`including
`
`documents related to the conception and development of JAM and patents, patent applications,
`
`source code, functional specifications, flow charts, architectural diagrams and design documents
`
`relating to JAM.
`
`WoW.
`
`2.
`
`3.
`
`Documents sufficient to identify the JAM protocols and libraries utilized in
`
`All communications with Activision concerning JAM.
`
`7
`
`

`

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`4.
`
`Documents sufficient to identify the principal individuals who developed and
`
`implemented JAM WoW and/or other Activision games – including any modified versions of
`
`JAM.
`
`5.
`
`Documents sufficient to identify when JAM was implemented in WoW, in any
`
`other Activision games, or Activision internal tools. – including any modified versions of JAM.
`
`6.
`
`Documents sufficient to identify the technical aspects of and process for adding
`
`and dropping a server and/or player to a network created by JAM for WoW.
`
`7.
`
`Documents sufficient to identify the technical aspects of and process for forming
`
`broadcast channels utilizing JAM for WoW.
`
`8.
`
`Documents sufficient to identify the technical aspects of and process of how JAM
`
`is used for inter-server communications in WoW.
`
`9.
`
`Documents sufficient
`
`to identify the technical aspects of and process for
`
`managing connections utilizing JAM in WoW
`
`10.
`
`11.
`
`Documents sufficient to identify all revisions or updates made to JAM since 2004.
`
`Documents sufficient to identify the technical aspects of and process for adding
`
`and dropping a server and/or player to a Multi-Server/Player-Network for WoW.
`
`12.
`
`All communications related to the Patents-in-Suit and/or the inventors of the
`
`Patents-in-Suit.
`
`13.
`
`All communications with Activision concerning the Multi-Server/Player-
`
`Networks since 2004.
`
`8
`
`