Case 1:16-cv-00453-WCB Document 820 Filed 04/22/24 Page 1 of 7 PageID #: 55292
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`IN THE UNITED STATES DISTRICT COURT
`FOR THE DISTRICT OF DELAWARE
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`Plaintiff,
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`Defendant.
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`C.A. No. 16-453 (WCB)
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`ACCELERATION BAY LLC,
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`ACTIVISION BLIZZARD, INC.,
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`v.
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`[PROPOSED] VOIR DIRE TO JURY PANEL
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`Pursuant to D. Del. LR 47.1(a)(2), Defendant Activision Blizzard, Inc. submits the
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`attached proposed voir dire to the jury panel.
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`MORRIS, NICHOLS, ARSHT & TUNNELL LLP
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`/s/ Jeremy A. Tigan
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`Jack B. Blumenfeld (#1014)
`Jeremy A. Tigan (#5239)
`Cameron P. Clark (#6647)
`1201 North Market Street
`P.O. Box 1347
`Wilmington, DE 19899
`(302) 658-9200
`jblumenfeld@morrisnichols.com
`jtigan@morrisnichols.com
`cclark@morrisnichols.com
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`Attorneys for Defendant
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`OF COUNSEL:
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`B. Trent Webb
`Aaron E. Hankel
`John D. Garretson
`Jordan T. Bergsten
`Maxwell C. McGraw
`Lauren E. Douville
`Brenna L. Kingyon
`SHOOK HARDY & BACON LLP
`2555 Grand Boulevard
`Kansas City, MO 64108
`(816) 474-6550
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`Anita Liu
`SHOOK HARDY & BACON LLP
`JPMorgan Chase Tower
`600 Travis Street, Suite 3400
`Houston, TX 77002
`(713) 227-8008
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`April 22, 2024
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`Case 1:16-cv-00453-WCB Document 820 Filed 04/22/24 Page 2 of 7 PageID #: 55293
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`VOIR DIRE
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`Good morning, ladies and gentlemen. I am Judge Bryson. We are going to select a jury in
`a civil case called Acceleration Bay, LLC v. Activision Blizzard, Inc.
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`I am going to ask you a series of questions to help the Court and the attorneys in the jury
`selection process. Before I ask any questions, I am going to ask the Deputy Clerk to swear the jury
`panel to answer any questions truthfully. (To Deputy, Please swear the panel).
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`If any of you answer “yes” to any of the questions that I ask, please raise your hand, and,
`when recognized by me, please stand, state your name and your jury number. At the end of the
`questions, the Deputy Clerk will ask some of you to take seats in the jury box, and, after that, the
`lawyers and I may ask those of you who answered “yes” to one or more questions to come up to
`the bench to discuss your answers with the lawyers and me.
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`The presentation of evidence in this case is expected to take 5 days, but jury deliberations
`could extend your service beyond that. The schedule that I expect to keep over the days of evidence
`presentation will include a morning break of ten to fifteen minutes, a lunch break of forty-five
`minutes, and an afternoon break of ten to fifteen minutes. We will start at 9:00 a.m. and finish no
`later than 5:30 p.m. each day.
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`1.
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`Does the schedule that I have just mentioned present a special problem to any of
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`you?
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`2.
`(Description of the case). This is a patent lawsuit involving video games. The
`Plaintiff is Acceleration Bay. Acceleration Bay owns patents relating to computer networks. It has
`sued the defendant Activision Blizzard (or “Activision”), which sells video games. Acceleration
`Bay says some of those video games infringe its patents. The jury in this case will be asked to
`decide whether the video games infringe the patents. For those of you who end up being on the
`jury, I will give more detailed instructions on the law later in the case.
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`Have any of you heard or read anything about this case?
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`3.
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`The lawyers and law firms involved in this case are:
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`Attorneys for Plaintiff
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`Philip A. Rovner, Esquire
`Jonathan A. Choa, Esquire
`POTTER ANDERSON & CORROON LLP
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`Paul J. Andre, Esquire
`Lisa Kobialka, Esquire
`James R. Hannah, Esquire
`Christina Finn, Esquire
`Aaron M. Frankel, Esquire
`Marcus A. Colucci, Esquire
`Cristina Martinez, Esquire
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`KRAMER LEVIN NAFTALIS &
`FRANKEL LLP
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`2
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`Case 1:16-cv-00453-WCB Document 820 Filed 04/22/24 Page 3 of 7 PageID #: 55294
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`Attorneys for Defendant
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`Jack B. Blumenfeld
`Jeremy A. Tigan
`Cameron P. Clark
`MORRIS NICHOLS, ARSHT
`& TUNNELL LLP
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`John C. Phillips, Jr.
`PHILLIPS, MCLAUGHLIN & HALL, P.A.
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`B. Trent Webb
`Jordan T. Bergsten
`Aaron E. Hankel
`Lauren E. Douville
`John D. Garretson
`Maxwell C. McGraw
`Anita I. Liu
`Brenna Kingyon
`SHOOK, HARDY & BACON L.L.P.
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`Do any of you know any of the attorneys or law firms I have just named?
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`4.
`Have you or any member of your immediate family (such as a spouse, child, parent
`or sibling) had any business dealings with, or been employed by, any of these attorneys or law
`firms?
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`5.
`Have any of you or any member of your immediate families ever been employed
`by Acceleration Bay or Activision Blizzard?
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`6.
`Have any of you or any member of your immediate families ever owned stock in
`either of these companies?
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`7.
`Have any of you or any member of your immediate families ever had a business
`relationship with either of these companies?
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`8.
`Have any of you or any member of your immediate families ever had any
`experience, good or bad, with either of these companies that might keep you from being a fair and
`impartial juror in this case?
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`9.
`Have you ever purchased or used any Activision video games, such as Call of Duty
`or World of Warcraft?
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`10.
`Do you have any opinions about Acceleration Bay or Activision that might keep
`you from being a fair and impartial juror in this case?
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`11.
`Have you or any member of your immediate family been employed by, had any
`business relationship with, or owned stock of The Boeing Company?
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`12.
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`13.
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`Do you have any strong opinions about The Boeing Company?
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`The potential witnesses in this case are:
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`Plaintiff’s Witnesses
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`Dr. Harry Bims
`Patrick Conlin
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`3
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`Case 1:16-cv-00453-WCB Document 820 Filed 04/22/24 Page 4 of 7 PageID #: 55295
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`Dr. Nenad Medvidovic
`Joe Ward
`Virgil Bourassa
`Fred Holt
`Byron Beede
`Patrick Dawson
`Pat Griffith
`Robert Kostich
`Linda Magnotti
`Kurtis McCathern
`Russell Parr
`Joseph Rumsey
`Saralyn Smith
`Glen Van Datta
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`Defendant’s Witnesses
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`Dr. Steve Wicker
`Catherine M. Lawton
`Scott Bennett, Ph.D.
`Scott Smith
`Robert Abarbanel
`Albert Erismann
`Saralyn Smith
`Pat Griffith
`Patrick Dawson
`Rob Kostich
`Mark Terrano
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`Kurtis McCathern
`Steve Caliguri
`Joseph Daniele
`Natasha Radovsky
`Joe Rumsey
`Joseph Agiato
`Glenn Van Datta
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`Are you familiar with any of these potential witnesses?
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`14.
`Have you or any member of your immediate family ever been employed by the
`United States Patent and Trademark Office?
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`15.
`Have you or any member of your immediate family, or your employer, ever applied
`for, or obtained, a United States or foreign patent?
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`16.
`Have you or any member of your immediate family, or your employer, ever been
`involved in a dispute about patent rights?
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`4
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`Case 1:16-cv-00453-WCB Document 820 Filed 04/22/24 Page 5 of 7 PageID #: 55296
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`17.
`great value?
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`Do you believe that when the government awards a patent, the patent must have
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`18.
`Do you have any opinions about patents, patent rights, or the United States Patent
`and Trademark Office that might make it difficult for you to be a fair and impartial juror in this
`case?
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`19.
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`Have you ever invented anything?
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`20.
`Have you ever had an idea or invention that was taken or used by someone else
`without your permission?
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`21.
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`22.
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`Have you ever felt that someone took credit for your work?
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`Have you, or any member of your immediate family ever owned a small business?
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`23.
`Have you or any member of your immediate family ever lost out on a business deal
`or opportunity due to what you believe to be unfair acts of a competitor or other person?
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`24.
`that failed?
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`25.
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`26.
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`27.
`lawsuit?
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`28.
`some way?
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`29.
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`30.
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`31.
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`32.
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`33.
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`34.
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`Have you or any member of your immediate family ever had a business venture
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`Do you think large companies often take advantage of smaller companies?
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`Have you served on a jury in a civil case within the last fifteen years?
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`Have you or a close friend or family member been a plaintiff or defendant in a
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`Have you considered filing a lawsuit because you had been wronged or harmed in
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`Do you believe if a case gets to trial it must have substantial merit?
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`Do you have any experience with the design, manufacture or sale of video games?
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`Have you ever played video games?
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`Have you ever played video games on line?
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`Do you have any strong positive or negative feelings about video game companies?
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`Do you believe video games are harmful to young people who play them?
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`35.
`Have you ever worked with computer networks or the Internet, or computer code
`or programming?
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`36.
`Do you have any specialized training relating to computer networks or the Internet,
`or computer code or programming?
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`5
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`Case 1:16-cv-00453-WCB Document 820 Filed 04/22/24 Page 6 of 7 PageID #: 55297
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`37.
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`Do you have any specialized training or education in the law?
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`38.
`organization?
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`Have you or a close family member ever worked for a law firm or other legal
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`39.
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`Do you have any specialized training in economics or accounting?
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`40.
`Do you serve in a leadership position on a board or an organization, such as a school
`board or charitable organization?
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`41.
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`Do you frequently post comments on line, including on Facebook, Twitter or a
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`blog?
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`42.
`If you are selected to sit as a juror in this case, are you aware of any reason why
`you would be unable to render a verdict based solely on the evidence presented at trial?
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`43.
`If you are selected to sit as a juror in this case, are you aware of any reason why
`you would not be able to follow the law as I give it to you?
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`44.
`Is there anything, such as poor vision, difficulty hearing, difficulty understanding
`spoken or written English, that would make it difficult for you to serve on this jury?
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`45.
`This is the last question. Is there anything else, including something you have
`remembered in connection with one of the earlier questions, that you would like to tell me in
`connection with your service as a juror in this case?
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`6
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`Case 1:16-cv-00453-WCB Document 820 Filed 04/22/24 Page 7 of 7 PageID #: 55298
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`CERTIFICATE OF SERVICE
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`I hereby certify that on April 22, 2024, I caused the foregoing to be electronically filed
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`with the Clerk of the Court using CM/ECF, which will send notification of such filing to all
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`registered participants.
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`I further certify that I caused copies of the foregoing document to be served on
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`April 22, 2024, upon the following in the manner indicated:
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`VIA ELECTRONIC MAIL
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`VIA ELECTRONIC MAIL
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`VIA ELECTRONIC MAIL
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`Philip A. Rovner, Esquire
`POTTER ANDERSON & CORROON LLP
`1313 North Market Street, 6th Floor
`Wilmington, DE 19801
`Attorneys for Plaintiff
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`Paul J. Andre, Esquire
`Lisa Kobialka, Esquire
`James R. Hannah, Esquire
`Hannah Lee, Esquire
`Michael H. Lee, Esquire
`Christina Finn, Esquire
`Melissa Brenner, Esquire
`Aakash Jariwala, Esquire
`KRAMER LEVIN NAFTALIS & FRANKEL LLP
`333 Twin Dolphin Drive, Suite 700
`Redwood Shores, CA 94065
`Attorneys for Plaintiff
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`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
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`/s/ Jeremy A. Tigan
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`Jeremy A. Tigan (#5239)
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