Case 1:16-cv-00455-RGA Document 63 Filed 03/17/17 Page 1 of 38 PageID #: 2480
`
`IN THE UNITED STATES DISTRICT COURT
`FOR THE DISTRICT OF DELAWARE
`
`C.A. No. 16-453 (RGA)
`
`C.A. No. 16-454 (RGA)
`
`C.A. No. 16-455 (RGA)
`
`)))))))))
`
`))))))))) )))))))))))
`
`ACCELERATION BAY LLC,
`
`Plaintiff,
`
`v.
`
`ACTIVISION BLIZZARD, INC.
`
`Defendant.
`ACCELERATION BAY LLC,
`
`Plaintiff,
`
`v.
`
`ELECTRONIC ARTS INC.,
`
`Defendant.
`ACCELERATION BAY LLC,
`
`Plaintiff,
`
`v.
`
`TAKE-TWO INTERACTIVE SOFTWARE,
`INC., ROCKSTAR GAMES, INC. and
`2K SPORTS, INC.,
`
`Defendants.
`
`NOTICE OF SUBPOENAS
`
`PLEASE TAKE NOTICE that the subpoena attached hereto as Exhibits 1-3 will
`
`be served upon Global IP Law Group, Lee J. Waggoner and Raffi Gostanian, respectively.
`
`

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`Case 1:16-cv-00455-RGA Document 63 Filed 03/17/17 Page 2 of 38 PageID #: 2481
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`OF COUNSEL:
`
`Michael A. Tomasulo
`Gino Cheng
`David K. Lin
`WINSTON & STRAWN LLP
`333 South Grand Avenue, 38th Floor
`Los Angeles, CA 90071
`(213) 615-1700
`
`David P. Enzminger
`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
`
`March 17, 2017
`10899180
`
`MORRIS, NICHOLS, ARSHT & TUNNELL LLP
`/s/ Stephen J. Kraftschik
`_____________________________________
`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
`
`Attorneys for Defendants
`
`- 2 -
`
`

`

`Case 1:16-cv-00455-RGA Document 63 Filed 03/17/17 Page 3 of 38 PageID #: 2482
`Case 1:16-cv-00455-RGA Document 63 Filed 03/17/17 Page 3 of 38 PagelD #: 2482
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`
`
`
`
`
`
`
`
`EXHIBIT 1
`EXHIBIT 1
`
`

`

`‘Case 1:16-cv-00455-RGA Document 63 Filed 03/17/17 Page 4 of 38 PagelD #: 2483
`Case 1:16-cv-00455-RGA Document 63 Filed 03/17/17 Page 4 of 38 PageID #: 2483
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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
`
`UNITED STATES DISTRICT COURT
`for the
`
`District of Delaware
`
`Acceleration Bay LLC
`
`Plaintiff
`v.
`
`Activision Blizzard Inc., Electronic Arts Inc.,
`Take-Two Interactive Software Inc., et al.
`Defendant
`
`Civil Action No.
`
`16-453, 16-454, 16-455,
`
`SUBPOENA TO PRODUCE DOCUMENTS, INFORMATION, OR OBJECTS
`OR TO PERMIT INSPECTION OF PREMISES IN A CIVIL ACTION
`
`To:
`
`Global IP Law Group, 55 West Monroe Street, Suite 3400
`Chicago, Illinois 60603
`(Nameofperson to whom this subpoenais directed)
`4 Production: YOU ARE COMMANDEDto produceat the time, date, and place set forth below the following
`documents, electronically stored information, or objects, and to permit inspection, copying, testing, or sampling ofthe
`material: Produce documents requested in Attachment A.
`
` Place: Kathleen B. Barry, Winston & Strawn LLP, 35 W.
`
`
`04/05/2017 10:00 am
`
`WackerDr., Chicago, IL 60601
`
`Date and Time:
`
`Cl Inspection ofPremises: YOU ARE COMMANDEDtopermit entry onto the designated premises, land, or
`other property possessedor 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 onit.
` Place:
`
`
`
`Date and Time:
`
`The followingprovisionsof 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
`respondto this subpoena andthe potential consequencesofnot doing so.
`
`CLERK OF COURT
`
`
`
`Attorney’s signature
`Signature ofClerk or Deputy Clerk
`
`The name, address, e-mail address, and telephone number ofthe attorney representing (nameof.‘party)
`Activision Blizzard, Electronic Arts, Take-Two Interactive Software
`, who issues or requests this subpoena,are:
`Kathleen Barry, Winston & Strawn LLP, 35 W. WackerDr., Chicago, IL 60601 Tel: 312-558-8046, kbarry@winston.comOeeeeeeePereeeeOeEEREVeee
`mtomasulo@winston.com
`Notice to the person whoissues or requests this subpoena
`Ifthis subpoena commandsthe production of documents, electronically stored information, or tangible things orthe
`inspectionof premises beforetrial, a notice and a copy ofthe subpoena must beserved on eachparty in this case before
`it is served on the person to whomit is directed. Fed. R. Civ. P. 45(a)(4).
`
`

`

`Case 1:16-cv-00455-RGA Document 63 Filed 03/17/17 Page 5 of 38 PageID #: 2484
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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 2)
`
`Civil Action No.
`
`16-453, 16-454, 16-455,
`
`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)
`
`(cid:117) I served the subpoena by delivering a copy to the named person as follows:
`
`(cid:117) 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 $
`
`0.00
`
`.
`
`.
`
`I declare under penalty of perjury that this information is true.
`
`Date:
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`Additional information regarding attempted service, etc.:
`
`Server’s signature
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`Printed name and title
`
`Server’s address
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`

`

`Case 1:16-cv-00455-RGA Document 63 Filed 03/17/17 Page 6 of 38 PageID #: 2485
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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)
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`(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-00455-RGA Document 63 Filed 03/17/17 Page 7 of 38 PageID #: 2486
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`ATTACHMENT A
`
`DEFINITIONS
`
`1.
`
`“Acceleration Bay” or “Plaintiff” means and includes Acceleration Bay LLC
`
`together with each of its respective departments, divisions, subsidiaries, predecessors, and
`
`affiliates, past and present, and all employees, representatives, and/or agents acting or purporting
`
`to act on any or all of their respective behalves.
`
`2.
`
`“Defendants” shall mean Activision Blizzard, Inc., Electronic Arts Inc., Take-Two
`
`Interactive Software, Inc., Rockstar Games, Inc., and 2K Sports, Inc., including but not limited to
`
`their predecessors, all parent companies, partners, wholly or partially owned subsidiaries,
`
`divisions, past or present affiliated corporations, and each of their present and former employees,
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`agents, officers, directors, representatives, consultants, accountants, and attorneys.
`
`3.
`
`“You,” “your”, and “Global IP” means and includes Global IP Law Group LLC,
`
`together with each of its respective departments, divisions, subsidiaries, predecessors, and
`
`affiliates, past and present, and all employees, representatives, and/or agents acting or purporting
`
`to act on any or all of their respective behalves.
`
`4.
`
`“Boeing” means and includes The Boeing Company together with each of its
`
`respective departments, divisions, subsidiaries, predecessors, and affiliates, past and present, and
`
`all employees, representatives, and/or agents acting or purporting to act on any or all of their
`
`respective behalves.
`
`5.
`
`“Panthesis” means collectively and/or individually, Panthesis, Inc., and/or its
`
`present and former officers, directors, employees, partners, corporate parent, subsidiaries, or
`
`affiliates.
`
`6.
`
`“Accused Products” shall mean any product or service manufactured, used, sold,
`
`offered for sale or imported into the United States by or on behalf of any Defendants that
`
`Acceleration Bay alleges infringes the Asserted Patents.
`
`7.
`
`“Asserted Patents” shall mean United States Patent Nos. 6,701,344; 6,714,966;
`
`6,732,147; 6,829,634; 6,910,069; and 6,920,497.
`
`

`

`Case 1:16-cv-00455-RGA Document 63 Filed 03/17/17 Page 8 of 38 PageID #: 2487
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`8.
`
`The term “Related Application(s)” of a referenced patent or patents means any
`
`patent or patent application, filed anywhere in the world, that: (a) is a parent, child, or other
`
`ancestral application related in any way to the referenced patent; (b) is a continuation application,
`
`continuation-in-part application, divisional application, file-wrapper continuation, reexamination
`
`proceeding, reissue application, provisional application, or abandoned application of such
`
`referenced patent or the application that led to such referenced patent; (c) claims priority in whole
`
`or in part from such referenced patent or the application that led to such referenced patent; (d) is
`
`the basis for a claim of priority in whole or in part (including claims of benefits under 35 U.S.C.
`
`§§ 119(e) or 120) for such referenced patent; (e) was contemporaneously filed with and/or
`
`incorporated by reference within the application for the referenced patent or (f) shares subject
`
`matter with such referenced patent.
`
`9.
`
`10.
`
`“Named Inventor(s)” means and includes Fred B. Holt, and/or Virgil E. Bourassa.
`
`“This Case” shall mean the lawsuit(s) filed by Acceleration Bay in the District of
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`Delaware, C.A. Nos. 16-453 (RGA), 16-454 (RGA), 16-455 (RGA).
`
`11.
`
`“Communication,” “communications,” or “communicated” shall mean and shall
`
`include any oral or written expression, statements, or utterance of any nature whatsoever, including
`
`but not limited to, correspondence, conversations, memoranda, notes, computer or electronic
`
`expressions and statements and telecommunications.
`
`12.
`
`“Documents” shall have the meaning ascribed to that term in Rule 34 of the Federal
`
`Rules of Civil Procedure, and shall also include, without limitation, all writings, printouts,
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`graphical material, and recordings as defined by Rule 1001 of the Federal Rules of Evidence,
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`drawings, graphs, charts, photographs, film, audio or video recordings, facsimile transmissions,
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`computer files, and electronic mail messages, and all data compilations from which information
`
`can be obtained, translated, if necessary, through detection devices into reasonably useable form.
`
`“Documents” also includes, without limitation, anything that can be classified as a “writing,”
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`“original,” or “duplicate. “Documents” also include all drafts, all attachments to Documents, and
`
`all copies of Documents that are not identical duplicates of the original (for example, because
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`

`

`Case 1:16-cv-00455-RGA Document 63 Filed 03/17/17 Page 9 of 38 PageID #: 2488
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`handwriting, marginalia, or notes appear on the duplicate or are attached to it), whether or not the
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`originals are in Acceleration Bay’s possession, custody or control.
`
`13.
`
`“Entity” or “entities” include natural persons, proprietorships, partnerships, firms,
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`private corporations, public corporations, municipal corporations, governments (including foreign
`
`national governments, the government of the United States or any state or local government), all
`
`departments and agencies thereof, and any governmental agencies of any country, political
`
`subdivisions, groups, associations, or organizations.
`
`14.
`
`“Person” or “persons” shall mean any natural person, legal entity, business or other
`
`entities, including but not limited to any corporation, partnership, unincorporated association, joint
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`venture, sole proprietorship, government agency, business trusts, or any and/or all other
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`organization or group of individuals; as well as any officer, director, employee, partner, corporate
`
`parent, subsidiary, affiliate, agent, representative, attorney, or principal thereof.
`
`15.
`
`“Thing” or “things” shall mean any tangible object other than a document as
`
`defined herein, and includes objects of every kind and nature.
`
`16.
`
`“Relating to,” “related to” or “concerning” shall mean anything pertaining to,
`
`comprising, evidencing, alluding to, responding to, connected with, commenting on, with respect
`
`to, about, regarding, resulting from, embodying, explaining, supporting, discussing, showing,
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`describing, reflecting, analyzing, constituting, setting forth, in respect of, or having any direct or
`
`indirect logical or factual connection with the subject matter in question.
`
`17.
`
`“Including” shall not be construed as limiting any request, and shall mean the same
`
`as “including, but not limited to.”
`
`18.
`
`The use of the term “the” shall not be construed as limiting the scope of any
`
`document request.
`
`19.
`
`“Any” or “each” shall be understood to include and encompass “all;” “or” shall be
`
`understood to encompass “and;” “and” shall be understood to include and encompass “OR.”
`
`20.
`
`“And,” “or,” and “and/or” shall be construed conjunctively or disjunctively as
`
`necessary to make the request inclusive rather than exclusive.
`
`

`

`Case 1:16-cv-00455-RGA Document 63 Filed 03/17/17 Page 10 of 38 PageID #: 2489
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`21.
`
`The plural of any word shall be construed as the singular, and vice versa, as
`
`necessary, in order to bring within the scope of these requests any information, documents, or
`
`things that might otherwise be construed to be outside their scope.
`
`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 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.
`
`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.
`
`7.
`
`Should you deem any responsive document to be privileged or subject to the work
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`

`

`Case 1:16-cv-00455-RGA Document 63 Filed 03/17/17 Page 11 of 38 PageID #: 2490
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`product doctrine, please list and identify each such document to the extent possible and state
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`information sufficient to permit Defendants to evaluate the privilege or protection asserted,
`
`including author(s); recipient(s); sender(s); date; general subject matter; and the privilege or
`
`protection that is claimed.
`
`8.
`
`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 at trial of any of the
`
`matters covered by these Requests.
`
`9.
`
`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 this Case.
`
`
`REQUESTS FOR PRODUCTION
`
`1.
`
`All documents and things relating to any of the Asserted Patents or any Related
`
`Applications.
`2.
`
`All documents and things relating to any of the Asserted Patents or any Related
`
`Applications, including all documents and things relating to:
`(a)
`Any documents, communications and agreements with Boeing relating in
`
`any way to the Asserted Patents or any Related Applications;
`
`(b)
`
`Any documents, communications and agreements with any of the named
`
`inventors (Fred Holt, Virgil Bourassa) relating in any way to the Asserted Patents or any Related
`
`Applications;
`
`(c)
`
`Any documents, communications and agreements with any patent broker,
`
`including Acorn Technologies, Joseph Daniele, Steve Caliguri, RPX Corporation, Intellectual
`
`

`

`Case 1:16-cv-00455-RGA Document 63 Filed 03/17/17 Page 12 of 38 PageID #: 2491
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`Ventures, or Open Invention Network relating in any way to the Asserted Patents or any Related
`
`Applications;
`
`(d)
`
`Any documents, communications and agreements with any of the
`
`following persons or companies relating in any way to the Asserted Patents or any Related
`
`Applications:
`
`
`
`a. Raffi Gostanian
`b. Keith Bergelt
`c. Natasha Radovsky
`d. Alexandra Rehmeier
`e. Audrey Cook
`f. John Gaffney
`g. Cash Elston
`h. Amar Mehta
`i. Google
`j.
`Intellectual Ventures
`k. Open Invention Network
`l. Leonardo Renna
`m. Lee Waggoner
`
`
`(e)
`
`Any documents, communications and agreements exchanged with any
`
`buyer or prospective buyer including RPX Corporation, Intellectual Ventures, Open Invention
`
`Network, or any other third-party;
`
`(f)
`
`Any due diligence, research, investigation, and any other efforts to value
`
`or price any of the Asserted Patents or any Related Applications, whether individually or as part
`
`of a patent portfolio, and whether by You, Boeing or anyone else;
`
`(g)
`
`Any agreements, offers, discussions, communications, and negotiations
`
`(whether or not consummated) to license wholly or in part, cross-license, buy, sell, loan, assign,
`
`or grant a security interest or rights in any of the Asserted Patents or any Related Applications
`
`(whether individually or as part of a patent portfolio);
`
`

`

`Case 1:16-cv-00455-RGA Document 63 Filed 03/17/17 Page 13 of 38 PageID #: 2492
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`(h)
`
`Any agreements relating in any way to the Asserted Patents or any Related
`
`Applications including but not limited to assignment agreements, purchase agreements, sales
`
`agreements, license agreements, cross-license agreements, security interest agreements, loan
`
`agreements, and covenants not to sue;
`
`(i)
`
`Any video game company, including any of the Defendants relating in any
`
`way to the Asserted Patents or any Related Applications;
`
`(j)
`
`Any communications, infringement charts, claim charts, invalidity or
`
`validity studies or any documents reflecting an analysis of whether any of the Asserted Patents
`
`are or are not by anyone, including the Defendants; and
`
`(k)
`
`Any communications, claim charts, prior art, invalidity or validity studies
`
`or any documents reflecting an analysis of whether any of the Asserted Patents are or are not
`
`valid.
`
`3.
`
`Documents and things sufficient to identify all entities (including any prospective
`
`or current licensees, any prospective or actual customers, and any prospective or actual investors)
`
`to or with whom any offers, discussions, communications, and negotiations responsive to Request
`
`No. 1 were made, and the corresponding dates on which they were made.
`4.
`
`All documents and communications relating to any loan in which any of the
`
`Asserted Patents or any Related Applications was used as collateral.
`5.
`
`All documents and communications relating to your role, participation, and
`
`contribution in Acceleration Bay’s acquisition of the Asserted Patents and any Related
`
`Applications from Boeing.
`6.
`
`All documents and communications with Acceleration Bay, or any of its principals,
`
`agents, or attorneys, including Joe Ward and Kramer Levin Naftalis & Frankel LLP, that in any
`
`way relate to the Asserted Patents or any Related Applications.
`7.
`
`All documents and communications with any consultant or potential expert
`
`

`

`Case 1:16-cv-00455-RGA Document 63 Filed 03/17/17 Page 14 of 38 PageID #: 2493
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`including but not limited to Lee Waggoner, Virgil Bourassa, or Fred Holt.
`
`

`

`Case 1:16-cv-00455-RGA Document 63 Filed 03/17/17 Page 15 of 38 PageID #: 2494
`Case 1:16-cv-00455-RGA Document 63 Filed 03/17/17 Page 15 of 38 PagelD #: 2494
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`
`
`
`
`
`
`
`
`EXHIBIT 2
`EXHIBIT 2
`
`

`

`Case 1:16-cv-00455-RGA Document 63 Filed 03/17/17 Page 16 of 38 PageID #: 2495
`Case 1:16-cv-00455-RGA Document 63 Filed 03/17/17 Page 16 of 38 PagelD #: 2495
`
`
`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 Delaware
`
`Acceleration Bay LLC
`
`
`Civil Action No.
`
`16-453, 16-454, 16-455,
`
` weeeeeee
`
`Plaintiff
`v.
`
`Activision Blizzard Inc., Electronic Arts Inc.,
`Take-TwoInteractive Software Inc., et al.
`
`Defendant
`
`SUBPOENA TO PRODUCE DOCUMENTS, INFORMATION, OR OBJECTS
`OR TO PERMIT INSPECTION OF PREMISESIN A CIVIL ACTION
`
`To:
`
`Lee J. Waggoner
`1914 Swallow Ln, Carlsbad, CA 92009
`(Nameofperson to whom this subpoenais directed)
`a Production: YOU ARE COMMANDEDto produceat 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: Produce documents requested in Attachment A.
`.
`
`
`
`
`
`
`Place: Daniel Cho Sheppard Mullin Richter & Hampton LLP
`Date and Time:
`12275 El Camino Real, Suite 200
`.
`San Diego, CA 92130-2006
`04/05/2017 10:00 am
`4 Inspection ofPremises: YOU ARE COMMANDEDto permit entry onto the designated premises, land,or
`other property possessed or controlled by youat 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 onit.
`
`Place: Sheppard Mullin Richter & Hampton LLP
`Date and Time:
`12275 El Camino Real, Suite 200
`San Diego, CA 92130-2006
`
`
`
`
`
`.
`04/28/2017 10:00 am
`
`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
`respondto this subpoena andthe potential consequences of not doing so.
`
`CLERK OF COURT
`
`
`
`
`
`
`
`
`Attorney’s signature
`Signature of Clerk or Deputy Clerk
`
`The name, address, e-mail address, and telephone numberofthe attorney representing (nameofparty)
`Activision Blizzard, Electronic Arts,. Take-TwoInteractive Software
`, who issues or requests this subpoena,are:
`Kathleen Barry, Winston & Strawn LLP, 35 W. WackerDr., Chicago, IL 60601 Tel: 312-558-8046, kbarry@winston.com
`
`Notice to the person whoissues or requests this subpoena
`mtomasulo@winston.com
`If this subpoena commandsthe production of documents,electronically stored information, or tangible things or the
`inspection of premises beforetrial, a notice and a copy of the subpoena must be served on eachparty in this case before
`it is served on the person to whomit is directed. Fed. R. Civ. P. 45(a)(4).
`
`

`

`Case 1:16-cv-00455-RGA Document 63 Filed 03/17/17 Page 17 of 38 PageID #: 2496
`
`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.
`
`16-453, 16-454, 16-455,
`
`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)
`
`(cid:117) I served the subpoena by delivering a copy to the named person as follows:
`
`(cid:117) 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 $
`
`0.00
`
`.
`
`.
`
`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
`
`

`

`Case 1:16-cv-00455-RGA Document 63 Filed 03/17/17 Page 18 of 38 PageID #: 2497
`
`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