Case 1:16-cv-00453-RGA Document 84 Filed 03/17/17 Page 1 of 5 PagelD #: 6986
`
`IN THE UNITED STATES DISTRICT COURT
`FOR THE DISTRICT OF DELAWARE
`
`) ) )
`
`ACCELERATION BAY LLC, a Delaware
`Limited Liability Corporation,
`
`) C.A. No. 16-453-RGA
`
`PUBLIC VERSION
`
`) ) ) )
`
`) )
`
`Plaintiff
`
`Vv.
`
`ACTIVISION BLIZZARD,INC.,
`a Delaware Corporation,
`
`Defendant.
`
`DECLARATION OF NENAD MEDVIDOVIC IN SUPPORT OF ACCELERATION
`BAY’S OPPOSITION TO DEFENDANT’S MOTION TO DISMISS
`
`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
`
`Attorneys for
`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
`
`
`
`IN THE UNITED STATES DISTRICT COURT
`FOR THE DISTRICT OF DELAWARE
`
`) ) )
`
`ACCELERATION BAY LLC, a Delaware
`Limited Liability Corporation,
`
`) C.A. No. 16-453-RGA
`
`PUBLIC VERSION
`
`) ) ) )
`
`) )
`
`Plaintiff
`
`Vv.
`
`ACTIVISION BLIZZARD,INC.,
`a Delaware Corporation,
`
`Defendant.
`
`DECLARATION OF NENAD MEDVIDOVIC IN SUPPORT OF ACCELERATION
`BAY’S OPPOSITION TO DEFENDANT’S MOTION TO DISMISS
`
`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
`
`Attorneys for
`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 84 Filed 03/17/17 Page 2 of 5 PagelD #: 6987
`
`I, Nenad Medvidovié, declare as follows:
`
`1.
`
`I have personal knowledgeof the facts stated herein and can testify competently
`
`to those facts. I make this declaration in support of Acceleration Bay’s Answering Brief in
`
`Opposition to Defendant’s Motion to Dismiss.
`
`2.
`
`I received a Bachelor of Science (“BS”) degree, Summa Cum Laude, from
`
`Arizona State University’s Computer Science and Engineering department. I received a Master
`
`of Science (“MS”) degree from the University of California at Irvine’s Information and
`
`Computer Science department. I received a Doctor of Philosophy (“PhD”) degree from the
`
`University of California at Irvine’s Information and Computer Science department. My
`
`dissertation was entitled, “Architecture-Based Specification-Time Software Evolution.”
`
`3,
`
`I am a Professor of Computer Science at the University of Southern California
`
`(“USC”) and an expert in the field of computer science, including software and distributed
`
`systems architecture. Between January, 2009 and January 2013, I served as the Director of the
`
`Center for Systems and Software Engineering at USC. Between July, 2011 and July 2015, I
`
`served as my Department’s Associate Chair for PhD Affairs. Between October 2013 and
`
`September 2015, I served as the Chair of the Steering Committee for the flagship conference in
`
`myfield, the International Conference on Software Engineering (ICSE). Since July 2015, I have
`
`served as the Chair of the Association for Computing Machinery’s Special Interest Group on
`
`Software Engineering (ACM SIGSOFT), the largest professional organization in myfield.
`
`4,
`
`I teach graduate and undergraduate courses in Software Architecture, Software
`
`Engineering, Software Modeling, and Embedded Systems, and advise PhD students. I have
`
`graduated 15 PhD students and advise 7 students currently pursuing a PhD.
`
`
`
`Case 1:16-cv-00453-RGA Document 84 Filed 03/17/17 Page 3 of 5 PagelD #: 6988
`
`5.
`
`I have authored or co-authored over 200 papers in the Software Engineering field.
`
`My most cited paper has been cited over 2,400 times.
`
`I co-authored a paper presentedat the
`
`1998 ICSE,myfield’s flagship conference, that the conference’s program and steering
`
`committees ten years later recognized with the ICSE MostInfluential Paper Award.
`
`6.
`
`A copy of my curriculum vitae is attached hereto as Exhibit A to this declaration.
`
`Research Conducted Prior to Filing of 2015 Case
`
`7.
`
`Priorto filing suit against Activision, Acceleration Bay retained meto investigate
`
`if Activision’s accused Call of Duty (“CoD”), World of Warcraft (“WoW”) and Destiny products
`
`(the “Accused Products”) infringe the following patents: U.S. Patent Nos. 6,701,344, 6,714,966,
`
`6,732,147, 6,829,634, 6,910,069 and 6,920,497, (the “Asserted Patents’).
`
`8.
`
`To conduct this assignment, I reviewed the Asserted Patents, conferred with
`
`Acceleration Bay’s counsel, reviewed the publicly available information, including technical
`
`literature, and researched the Accused Products. I ultimately concluded that Activision’s
`
`Accused Products infringe the Asserted Patents.
`
`10.
`
`Based on myinvestigation, it is my opinion that the Accused Productsinfringe
`
`Acceleration Bay’s asserted patents.
`
`
`
`Case 1:16-cv-00453-RGA Document 84 Filed 03/17/17 Page 4 of 5 PagelD #: 6989
`
`Discovery in the 2015 Case
`
`11.
`
`Since Acceleration Bay filed suit against Activision in 2015 (the “2015 Case”), I
`
`have been involved with Acceleration Bay’s discovery into the operation of the Accused
`
`Products.
`
`12.
`
`[have reviewed source codefor both the accused CoD and WoW products. |]
`
`13.
`
`My review of the source code for CoD and Wow reconfirmed myopinionthat the
`
`Accused Products infringe. For both products, I identified source code modules relevant to my
`
`infringement analysis and requested that these be printed. These source code modules were the
`
`focus of questioning during the subsequent depositions (iiiiit:
`
`14,
`
`15.
`
`As another example of my ongoing investigation, I reviewed publicly available
`
`documentation on the Joe’s Automated Messages (“JAM”) used in WoW. MyPhDdissertation
`
`was on JAM-type messaging systems, and I subsequently spent roughly over 18 years
`
`researching these types of messaging systems. Six of my PhD students received their doctorates
`
`studying related issues, including four of the last five. A message-based system, such as JAM,
`
`helps to decouple distributed architectures (and make them,in a sense, decentralized — i.e., to
`
`allow them to support multiple disparate agencies/ownership domains) and can be used to
`
`support flexible connection, disconnection, communication (e.g., among peers), as well as
`
`computing workload distribution.
`
`
`
`Case 1:16-cv-00453-RGA Document 84 Filed 03/17/17 Page 5 of 5 PagelD #: 6990
`
`16.
`
`
`
`
`
`I declare underpenalty of perjury underthe laws of the United States that the foregoing is
`
`true and correct. Executed on March 3™, 2017 in Manhattan Beach, CA.
`
`ALednhowe
`
`
`
`Nenad Medvidovié
`
`
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