`
`IN THE UNITED STATES DISTRICT COURT
`FOR THE DISTRICT OF DELAWARE
`
`)
`
`) )
`
`) )
`
`) CA. No. 16-453-RGA
`
`PUBLIC VERSION
`
`)
`
`) )
`
`) )
`
`ACCELERATION BAY LLC, a Delaware
`Limited Liability Corporation,
`
`Plaintiff
`
`v.
`
`ACTIVISION BLIZZARD,INC.,
`a Delaware Corporation,
`
`Defendant.
`
`DECLARATION OF JOSEPH WARD IN SUPPORT OF ACCELERATION BAY’S
`OPPOSITION TO DEFENDANT’S MOTION TO DISMISS AND
`CROSS-MOTION FOR ATTORNEYS’ FEES AND SANCITIONS
`
`Philip A. Rovner #3215)
`Jonathan A. Choa (#5319)
`POTTER ANDERSON & CORROON LLP
`Hercules Plaza
`P.O. Box 951
`Wilmington, DE 19899
`(302) 984-6000
`provner@potteranderson.com
`jchoa@potteranderson.com
`
`Attorneysfor
`PlaintiffAcceleration Bay LLC
`
`OF COUNSEL:
`
`Paul J. Andre
`Lisa Kobialka
`Hannah Lee
`KRAMER LEVIN NAFTALIS
`& FRANKEL LLP
`990 Marsh Road
`Menlo Park, CA 94025
`(650) 752-1700
`
`Aaron M.Frankel
`KRAMER LEVIN NAFTALIS
`& FRANKEL LLP
`1177 Avenue of the Americas
`New York, NY 10036
`(212) 715-9100
`
`Dated: March 6, 2017
`Public Version dated: March 17, 2017
`
`
`
`Case 1:16-cv-00453-RGA Document 83 Filed 03/17/17 Page 2 of 3 PagelD #: 6984
`
`I, Joseph Ward, hereby declare as follows:
`
`1.
`
`I have personal knowledge of the facts set forth in this declaration and can
`
`testify competently to those facts.
`
`2.
`
`I am a Silicon Valley-based technology and media entrepreneur.
`
`I have over
`
`twenty five years of experience in the media and technology industries.
`
`I am the founder and
`
`CEO of Acceleration Bay.
`
`3.
`
`Acceleration Bayfiled suit against Activision only after its counsel conducted a
`
`thorough investigation,
`
`including consulting with a leading expert, and concluded that
`
`Activision infringes Acceleration Bay’s patents.
`
`4.
`
`Since Acceleration Bay filed suit against Activision in 2015, Activision has
`
`attempted to coerce Acceleration Bay into dropping its claims by threatening and harassing me
`
`personally and companies associated with me.
`
`
`
`hnFTa retaliatory suit against xTV Networkstotally
`unrelated to Acceleration Bay. While the suit against xTV Networks was ultimately dismissed
`
`when the Court in the Central District of California invalidated the patent Activision asserted,
`i
`7
`it
`
`6.
`
`Activision also served three subpoenas on companies with which I am
`
`affiliated: xTV Networks (as noted above, I am its founder and CEO), Argyle Data, Inc.
`
`(former Founder and CEO) and One Model Inc. (Advisory Board Member). Activision also
`
`
`
`Case 1:16-cv-00453-RGA Document 83 Filed 03/17/17 Page 3 of 3 PagelD #: 6985
`
`served a subpoena on mepersonally, even though I am an officer of Acceleration Bay, whichI
`
`moved to quash.
`
`7.
`
`Mostrecently, on January 18, 2017, Activision personally hand served me with
`
`correspondence, claiming that Acceleration Bay’s claims are baseless, and with draft Rule U1
`
`motion papers.
`
`I declare under penalty of perjury under the laws of the United States of America that
`
`the foregoing is true and correct. Executed on March 1, 2017 in SAN MATEOCalifornia.
`
`genoseph Ward
`
`
`
`
Accessing this document will incur an additional charge of $.
After purchase, you can access this document again without charge.
Accept $ Charge
Still Working On It
This document is taking longer than usual to download. This can happen if we need to contact the court directly to obtain the document and their servers are running slowly.
Give it another minute or two to complete, and then try the refresh button.
A few More Minutes ... Still Working
It can take up to 5 minutes for us to download a document if the court servers are running slowly.
Thank you for your continued patience.
This document could not be displayed.
We could not find this document within its docket. Please go back to the docket page and check the link. If that does not work, go back to the docket and refresh it to pull the newest information.
Your account does not support viewing this document.
You need a Paid Account to view this document. Click here to change your account type.
Your account does not support viewing this document.
Set your membership
status to view this document.
With a Docket Alarm membership, you'll
get a whole lot more, including:
- Up-to-date information for this case.
- Email alerts whenever there is an update.
- Full text search for other cases.
- Get email alerts whenever a new case matches your search.
One Moment Please
The filing “” is large (MB) and is being downloaded.
Please refresh this page in a few minutes to see if the filing has been downloaded. The filing will also be emailed to you when the download completes.
Your document is on its way!
If you do not receive the document in five minutes, contact support at support@docketalarm.com.
Sealed Document
We are unable to display this document, it may be under a court ordered seal.
If you have proper credentials to access the file, you may proceed directly to the court's system using your government issued username and password.
Access Government Site
