`Case 1:16-cv-00455-RGA Document 164-6 Filed 06/29/17 Page 1 of 4 PagelD #: 16564
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`EXHIBIT J
`EXHIBIT J
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`Case 1:16-cv-00455-RGA Document 164-6 Filed 06/29/17 Page 2 of 4 PageID #: 16565
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`IN THE UNITED STATES DISTRICT COURT
`FOR THE DISTRICT OF DELAWARE
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`C.A. No. 16-453 (RGA)
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`Plaintiff,
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`C.A. No. 16-454 (RGA)
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`C.A. No. 16-455 (RGA)
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`ACCELERATION BAY LLC,
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`ACTIVISION BLIZZARD, INC.,
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`Defendant.
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`ACCELERATION BAY LLC,
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`ELECTRONIC ARTS INC.,
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`Defendant.
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`ACCELERATION BAY LLC,
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`TAKE-TWO INTERACTIVE SOFTWARE,
`INC., ROCKSTAR GAMES, INC., and 2K
`SPORTS, INC.,
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`v.
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`v.
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`v.
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`Plaintiff,
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`Plaintiff,
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`Defendants.
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`DECLARATION OF NENAD MEDVIDOVIĆ IN SUPPORT OF PLAINTIFF
`ACCELERATION BAY LLC’S REPLY CLAIM CONSTRUCTION BRIEF
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`Case 1:16-cv-00455-RGA Document 164-6 Filed 06/29/17 Page 3 of 4 PageID #: 16566
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`I, Nenad Medvidović, declare:
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`163.
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`I make this Declaration based upon my own personal knowledge, information,
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`and belief, and I would and could competently testify to the matters set forth herein if called
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`upon to do so.
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`164. This Declaration is further to my April 28, 2017 Declaration in support of
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`Acceleration Bay’s Opening Claim Construction Brief (and continues the paragraph numbering
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`therein). I incorporate by reference the discussion of my qualifications, materials reviewed,
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`person of ordinary skill in the art, and overview of the technology from my April 28, 2017
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`Declaration.
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`KK. Term 27: “computer readable medium” (‘634; ‘147 Patents)
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`Plaintiff’s Proposed Constructions
`No construction necessary:
`plain and ordinary meaning
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`Defendants’ Proposed Constructions
`“any medium for storing or transporting
`computer readable instructions, including
`memory, storage devices, carrier waves and
`communications links.”
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`165. Based on my professional experience, a person of ordinary skill in the art would
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`understand this term to be consistent with its plain and ordinary meaning, e.g., a non-fleeting
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`medium for storing instructions and data that a computer can read, such as hard disks, random
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`access memory, read only memory, DVDs, CD-ROMs, USB drives, etc., and no construction is
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`needed.
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`166.
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`I disagree with Defendants’ proposed construction for this term because it is
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`overly broad and reads in fleeting and transitory transmissions of data, such as carrier waves.
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`“Computer readable medium” is used in the claims with reference to storing instructions used to
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`provide a broadcast channel: “computer-readable medium containing
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`instructions for
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`controlling communications.” See, e.g., A-4 at Claim 19 (emphasis added). The specification
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`Case 1:16-cv-00455-RGA Document 164-6 Filed 06/29/17 Page 4 of 4 PageID #: 16567
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`explains that the instructions for implementing the broadcast channel are held in persistent
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`storage devices (so they can be executed by the computer performing the steps), while noting, in
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`contrast, that data structures and messages sent over the channel may be carried in
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`communications links. A-3 at 15:56-65 (“The memory and storage devices are computer-
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`readable medium that may contain computer instructions that implement the broadcaster
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`component. … the data structures and message structures may be stored or transmitted via a
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`signal transmitted on a computer-readable media, such as a communications link.”) (emphasis
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`added). The specification does not suggest that the instructions used to provide the network are
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`somehow stored in carrier waves. Carrier waves are transient and, in fact, cannot store
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`information for a computer to read. Instead, they are used to transmit the information
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`(instructions and/or data) to a computer’s network interface, which then must store that
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`information in computer’s transient memory for immediate access or on a persistent storage
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`medium for later, repeated access.
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`I declare under penalty of perjury under the laws of the United States that the foregoing is
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`true and correct. Executed on June 2, 2017 in Los Angeles, California.
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`_______
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` Nenad Medvidović
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`2
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