Case 1:16-cv-00454-RGA Document 134 Filed 05/30/17 Page 1 of 14 PageID #: 12820
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`IN THE UNITED STATES DISTRICT COURT
`FOR THE DISTRICT OF DELAWARE
`
`
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`
`
`C.A. No. 16-454 (RGA)
`
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`))))))))))
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`ACCELERATION BAY LLC,
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`
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`ELECTRONIC ARTS INC.,
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`
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`Plaintiff,
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`
`
`v.
`
`
`
`Defendant.
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`
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`
`
`
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`NOTICE OF SUBPOENA
`
`PLEASE TAKE NOTICE that, pursuant to Federal Rule of Civil Procedure 45 and the
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`attached subpoena (Ex. A), on June 30, 2017, beginning at 9:00 A.M., and continuing day-to-day
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`thereafter until completed, Defendant Electronic Arts Inc. will take the deposition of The Boeing
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`Company (“Boeing”). The deposition will take place at the offices of Winston & Strawn LLP, 35
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`W. Wacker Dr., Chicago, IL 60601 and will continue from day to day (excluding weekends and
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`holidays) until completed. The deposition shall be taken before a court reporter or other qualified
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`person to administer the oath and record the testimony by stenographic means. The deposition
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`will be videotaped. Pursuant to Federal Rule of Civil Procedure 45 and the attached subpoena,
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`Boeing must designate one or more officers, directors, or managing agents, or designate other
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`persons who consent to testify on its behalf. The person(s) so designated shall be the persons most
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`knowledgeable about, and shall testify as to, the matters known or reasonably available to Boeing
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`with respect to the topics listed below. In addition, it is requested that Boeing provide written
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`notice, at least five (5) business days in advance of the deposition, of the name and position of
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`each designee who consents to testify on behalf of Boeing, and the identity of the particular topic(s)
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`listed below as to which such designee has agreed to testify.
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`

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`Case 1:16-cv-00454-RGA Document 134 Filed 05/30/17 Page 2 of 14 PageID #: 12821
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`
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`PHILLIPS, GOLDMAN, MCLAUGHLIN &
`HALL, P.A.
`
`/s/ Megan C. Haney
`John C. Phillips, Jr. (#110)
`Megan C. Haney (#5016)
`1200 North Broom Street
`Wilmington, DE 19806
`(302) 655-4200
`jcp@pgmhlaw.com
`mch@pgmhlaw.com
`Attorneys for Defendant
`
`Dated: May 30, 2017
`
`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
`
`
`2
`
`

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`Case 1:16-cv-00454-RGA Document 134 Filed 05/30/17 Page 3 of 14 PageID #: 12822
`Case 1:16-cv-00454-RGA Document 134 Filed 05/30/17 Page 3 of 14 PagelD #: 12822
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`
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`EXHIBIT A
`EXHIBIT A
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`

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`Case 1:16-cv-00454-RGA Document 134 Filed 05/30/17 Page 4 of 14 PageID #: 12823
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`AO 88A (Rev. 02/14) Subpoena to Testify at a Deposition in a Civil Action
`
`UNITED STATES DISTRICT COURT
`for the
` District of Delaware
`
`
`
`
`Civil Action No.
`
`C.A. No. 16-454 (RGA)
`
`))))))
`
`ACCELERATION BAY LLC,
`Plaintiff
`v.
`ELECTRONIC ARTS INC.,
`
`Defendant
`
`SUBPOENA TO TESTIFY AT A DEPOSITION IN A CIVIL ACTION
`
`To:
`
`The Boeing Company (“Boeing”)
`100 North Riverside, Chicago, IL 60606
`(Name of person to whom this subpoena is directed)
`✔
`(cid:117) Testimony: YOU ARE COMMANDED to appear at the time, date, and place set forth below to testify at a
`deposition to be taken in this civil action. If you are an organization, you must designate one or more officers, directors,
`or managing agents, or designate other persons who consent to testify on your behalf about the following matters, or
`those set forth in an attachment:
`See Schedule A (Definitions and Deposition Topics) in attached Notice of Subpoena.
`
`Place:
`
`Winston & Strawn LLP, 35 W. Wacker Dr., Chicago, IL
`60601
`
`Date and Time:
`
`06/30/2017 9:00 am
`
`The deposition will be recorded by this method:
`
`Stenography and videotape.
`
`(cid:117) Production: You, or your representatives, must also bring with you to the deposition the following documents,
`electronically stored information, or objects, and must permit inspection, copying, testing, or sampling of the
`material:
`
`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:
`
`05/30/2017
`
`CLERK OF COURT
`
`Signature of Clerk or Deputy Clerk
`
`OR
`
`/s/ Kathleen B. Barry
`Attorney’s signature
`
`Electronic Arts, Inc.
`The name, address, e-mail address, and telephone number of the attorney representing (name of party)
`, who issues or requests this subpoena, are:
`Kathleen B. Barry, Winston & Strawn LLP, 35 West Wacker Drive, Chicago, IL 60601, kbarry@winston.com, (312)
`558 5600
`
`Notice to the person who issues or requests this subpoena
`If this subpoena commands the production of documents, electronically stored information, or tangible things 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).
`
`

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`Case 1:16-cv-00454-RGA Document 134 Filed 05/30/17 Page 5 of 14 PageID #: 12824
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`AO 88A (Rev. 02/14) Subpoena to Testify at a Deposition in a Civil Action (Page 2)
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`Civil Action No.
`
`C.A. No. 16-454 (RGA)
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`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)
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`(cid:117) I served the subpoena by delivering a copy to the named individual as follows:
`
`(cid:117) I returned the subpoena unexecuted because:
`
`on (date)
`
`; or
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`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
`$
`.
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`My fees are $
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`for travel and $
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`for services, for a total of $
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`0.00
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`.
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`.
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`I declare under penalty of perjury that this information is true.
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`Date:
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`Additional information regarding attempted service, etc.:
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`Server’s signature
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`Printed name and title
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`Server’s address
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`

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`Case 1:16-cv-00454-RGA Document 134 Filed 05/30/17 Page 6 of 14 PageID #: 12825
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`AO 88A (Rev. 02/14) Subpoena to Testify at a Deposition in a Civil Action (Page 3)
`Federal Rule of Civil Procedure 45 (c), (d), (e), and (g) (Effective 12/1/13)
`(i) disclosing a trade secret or other confidential research, development,
`or commercial information; or
`(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.
`
`(c) Place of Compliance.
`
` (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:
`
`(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).
`
`

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`Case 1:16-cv-00454-RGA Document 134 Filed 05/30/17 Page 7 of 14 PageID #: 12826
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`
`
`SCHEDULE A
`
`DEFINITIONS
`
`1.
`
`“Acceleration,” “Plaintiff,” “You,” or “Your” 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
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`Interactive Software, Inc., Rockstar Games, Inc., and 2K Sports, Inc., including but not limited to
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`their predecessors, all parent companies, partners, wholly or partially owned subsidiaries,
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`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.
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`“Boeing” means and includes The Boeing Company together with each of its
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`respective departments, divisions, subsidiaries, predecessors, and affiliates, past and present, and
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`all employees, representatives, and/or agents acting or purporting to act on any or all of their
`
`respective behalves.
`4.
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`“Panthesis” means collectively and/or individually, Panthesis, Inc., and/or its
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`present and former officers, directors, employees, partners, corporate parent, subsidiaries, or
`
`affiliates.
`5.
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`“Accused Products” shall mean any product or service manufactured, used, sold,
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`offered for sale or imported into the United States by or on behalf of any Defendants that
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`Acceleration Bay alleges infringes the Asserted Patents.
`6.
`
`“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.
`7.
`
`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
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`

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`Case 1:16-cv-00454-RGA Document 134 Filed 05/30/17 Page 8 of 14 PageID #: 12827
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`ancestral application related in any way to the referenced patent; (b) is a continuation application,
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`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
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`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
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`incorporated by reference within the application for the referenced patent or (f) shares subject
`
`matter with such referenced patent.
`8.
`9.
`
`“Named Inventor(s)” means and includes Fred B. Holt, and/or Virgil E. Bourassa.
`
`“These Cases” shall mean the lawsuit(s) filed by Acceleration Bay in the District
`
`of Delaware, C.A. Nos. 15-228 (RGA), 15-282 (RGA), 15-311 (RGA), 16-453 (RGA), 16-454
`
`(RGA), 16-455 (RGA), and related inter partes reviews, IPR2015-1951, IPR2015-1953, IPR2015-
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`1964, IPR2015-1970, IPR2015-1972, IPR2015-1996, IPR2016-724, IPR2016-727, IPR2016-747.
`10.
`
`“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
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`expressions and statements and telecommunications.
`11.
`
`“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,
`
`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
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`can be obtained, translated, if necessary, through detection devices into reasonably useable form.
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`“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
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`2
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`

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`Case 1:16-cv-00454-RGA Document 134 Filed 05/30/17 Page 9 of 14 PageID #: 12828
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`all copies of Documents that are not identical duplicates of the original (for example, because
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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.
`12.
`
`“Entity” or “entities” include natural persons, proprietorships, partnerships, firms,
`
`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.
`13.
`
`“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
`
`venture, sole proprietorship, government agency, business trusts, or any and/or all other
`
`organization or group of individuals; as well as any officer, director, employee, partner, corporate
`
`parent, subsidiary, affiliate, agent, representative, attorney, or principal thereof.
`14.
`
`“Thing” or “things” shall mean any tangible object other than a document as
`
`defined herein, and includes objects of every kind and nature.
`15.
`
`“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,
`
`describing, reflecting, analyzing, constituting, setting forth, in respect of, or having any direct or
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`indirect logical or factual connection with the subject matter in question.
`16.
`
`“Including” shall not be construed as limiting any request, and shall mean the same
`
`as “including, but not limited to.”
`17.
`
`The use of the term “the” shall not be construed as limiting the scope of any
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`document request.
`18.
`
`“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.”
`
`3
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`

`

`Case 1:16-cv-00454-RGA Document 134 Filed 05/30/17 Page 10 of 14 PageID #: 12829
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`19.
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`“And,” “or,” and “and/or” shall be construed conjunctively or disjunctively as
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`necessary to make the request inclusive rather than exclusive.
`20.
`
`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.
`21.
`
`The term “identify,” when referring to a document, means to give, to the extent
`
`known, the: (a) type of document; (b) general subject matter; (c) date of the document; and (d)
`
`author(s), addressee(s), and recipient(s).
`22.
`
`The term “identify,” when referring to a person, means to give, to the extent known,
`
`the: (a) person’s full name; (b) present or last known address, (c) the present or last known place
`
`of employment; and (d) telephone number(s). Once a person has been identified in accordance
`
`with this paragraph, only the name of that person needs to be listed in response to subsequent
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`discovery requests.
`23.
`
`The term “identify,” when referring to an oral communication, means to state the
`
`date and place of the communication, the substance thereof, and to identify all persons who
`
`participated in or heard the communication.
`24.
`
`“Licensee” or “license” includes each and every sub-licensee or sub-license to any
`
`Asserted Patent.
`25.
`
`“Prior Art” means all publications, patents, physical devices, prototypes, products,
`
`uses, sales, offers for other activity concerning the subject matter of the Asserted Patent, or related
`
`United States or foreign patents, and existing on, or occurring at, a date such as to be relevant
`
`under any subdivision of 35 U.S.C. §§ 102 or 103.
`26.
`
`All legal entities referred to herein include any parent companies, predecessors-in-
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`interest, subsidiaries, affiliates, directors, officers, employees, agents, and representatives thereof,
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`including attorneys, consultants, accountants, and investment bankers.
`
`4
`
`

`

`Case 1:16-cv-00454-RGA Document 134 Filed 05/30/17 Page 11 of 14 PageID #: 12830
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`DEPOSITION TOPICS
`
`Pursuant to Fed. R. Civ. Proc. 45 and the foregoing subpoena, Boeing is required to
`
`designate one or more officers, directors, managing agents, or other persons to testify as to the
`
`information regarding the following matters that is known or reasonably available to Boeing.
`1.
`
`The research and development of the subject matter described and/or claimed in the
`
`Asserted Patents and/or Related Applications and any documents relating thereto.
`2.
`
`All documents, searches, studies, or opinions pertaining to whether the Asserted
`
`Patents and/or any Related Applications are valid or invalid, enforceable or unenforceable, or
`
`infringed or not infringed.
`3.
`
`All research, testing or analyses performed by or on behalf of Boeing on products
`
`alleged to infringe the Asserted Patents, including but not limited to Defendants’ products accused
`
`of infringement in These Cases.
`4.
`
`Communications with
`
`third parties relating
`
`to any Defendant’s alleged
`
`infringement of the Asserted Patents.
`5.
`
`The reasons why Boeing did not file an action for infringement of the Asserted
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`Patents and/or Related Applications.
`6.
`
`All facts and circumstances surrounding Boeing’s transfer of ownership of the
`
`Asserted Patents, including identification of all persons with knowledge.
`7.
`
`The identity, details of, and sales and profit information, for any product past or
`
`present that embodies the Asserted Patents and/or Related Applications.
`8.
`
`All facts and circumstances regarding Boeing’s knowledge whether any products,
`
`including but not limited to the Defendant’s products, might infringe the Asserted Patents.
`9.
`
`All offers of value, tangible or non-tangible, monetary or non-monetary, for the
`
`Asserted Patents and/or Related Applications including, but not limited to, the identity of the entity
`
`making the offer; the persons involved in any negotiations resulting in an offer; the persons
`
`involved in the ultimate decision whether to accept the offer or offers; the nature and scope of the
`
`5
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`

`

`Case 1:16-cv-00454-RGA Document 134 Filed 05/30/17 Page 12 of 14 PageID #: 12831
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`offer or offers; whether the offer or offers contemplated a purchase, a license with a lump sum
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`payment or with running royalties, the stated or implied royalty rate, the duration of such a license,
`
`whether such a license would be restricted in any way, or some other form of transaction and the
`
`related terms.
`10.
`
`All facts and circumstances regarding Boeing’s attempts to license, sell, monetize,
`
`or otherwise accrue value from the Asserted Patents, including the identities of entities Boeing
`
`approached and any communications therewith.
`11.
`
`Any economic analysis or valuation of the Asserted Patents and/or Related
`
`Applications, performed by or on behalf of Boeing, any predecessor company, or any third party,
`
`including but not limited to any offers to Boeing by third parties to acquire or monetize the
`
`Asserted Patents and/or Related Applications
`
`including all proposals, negotiations,
`
`communications, efforts to collaborate, and any proposed or actual agreements regarding the same.
`12.
`
`Any facts, details, and documents regarding a royalty or licensing fee for the
`
`Asserted Patents and/or Related Applications.
`13.
`
`All facts and circumstances regarding alternatives to the Asserted Patents including
`
`using technology developed by Glen Van Data or any Sony entity.
`14.
`
`All facts and circumstances regarding any evaluation or consideration of Sony or
`
`any Sony product including the PlayStation 3 and the PlayStation 4 relating to the Asserted Patents.
`15.
`
`All facts and circumstances regarding the negotiation of the license between Sony
`
`and Boeing.
`16.
`
`2000.
`
`All facts and circumstances regarding Boeing’s use of the Asserted Patents after
`
`17.
`
`All facts and circumstances regarding designing around the Asserted Patents
`
`including the feasibility of designing around, the cost of designing around, and the time and effort
`
`required to design around the Asserted Patents.
`18.
`
`All facts and circumstances regarding the marking of any device or system with the
`
`6
`
`

`

`Case 1:16-cv-00454-RGA Document 134 Filed 05/30/17 Page 13 of 14 PageID #: 12832
`
`Asserted Patents, including without limitation the identity of each product marked, the manner in
`
`which each such product was marked, and the dates such products were so marked.
`19.
`
`Boeing’s Communications with and knowledge of the following individuals after
`
`2001:
`
` Joe Ward
` Joe Agiato
` John Garland
` The Named Inventors
` Paul Andre
`
`20.
`
`Boeing’s Communications with and knowledge of the following entities related to
`
`the Asserted Patents:
` Acceleration Bay
` Hamilton Capital
` Sony Computer Entertainment America Inc.
` McKinsey & Company
` Acorn Technologies, Inc.
` Global IP Law Group
` RPX Corporation
` Open Inventions Network
`
`Intellectual Ventures
` Acacia Research Group
` Google
` Microsoft
` Data Connections, Ltd.
`
`IBM
` Dassault
`
`7
`
`

`

`Case 1:16-cv-00454-RGA Document 134 Filed 05/30/17 Page 14 of 14 PageID #: 12833
`
` Kramer Levin Naftalis & Frankel LLP
`
`All facts and knowledge related to Panthesis.
`
`All facts and knowledge regarding the financial condition of Acceleration Bay
`
`21.
`22.
`
`LLC, Joe Ward, and any related entities.
`23.
`
`All facts and knowledge regarding the business of Acceleration Bay LLC including
`
`its operations, employees, officers, and places of business.
`
`
`
`
`
`
`
`
`
`8
`
`