`
`IN THE UNITED STATES DISTRICT COURT
`FOR THE DISTRICT OF DELAWARE
`
`ACCELERATION BAY LLC,
`
`Plaintiff,
`
`v.
`
`ACTIVISION BLIZZARD, INC.
`
`Defendant.
`
`ACCELERATION BAY LLC,
`
`Plaintiff,
`
`v.
`
`ELECTRONIC ARTS INC.,
`
`Defendant.
`
`ACCELERATION BAY LLC,
`
`Plaintiff,
`
`v.
`
`TAKE-TWO INTERACTIVE SOFTWARE,
`INC., ROCKSTAR GAMES, INC. and
`2K SPORTS, INC.,
`
`Defendants.
`
`)
`)
`)
`)
`) C.A. No. 16-453 (ROA)
`)
`)
`)
`)
`
`)
`)
`)
`)
`) C.A. No. 16-454 (ROA)
`)
`)
`)
`)
`
`)
`)
`)
`)
`) C.A. No. 16-455 (ROA)
`)
`)
`)
`)
`)
`)
`
`STIPULATION AND ORDER WITHDRAWING MOTION AND EXTENDING TIME
`
`WHEREAS Activision Blizzard, Inc., Electronic Arts Inc., Take-Two Interactive
`
`Software, Inc., Rockstar Games, Inc. and 2K Sports, Inc. (collectively, "Video Game
`
`Companies") filed the following actions in the Northern District of California on June 16, 2016
`
`seeking declaratory judgment: Activision Blizzard Inc. v. Acceleration Bay LLC, C.A. No. 3: 16-
`
`3375 (N.D. Cal.), Take-Two Interactive Software, Inc. et al. v. Acceleration Bay LLC, C.A. No.
`
`
`
`Case 1:16-cv-00455-RGA Document 18 Filed 09/19/16 Page 2 of 3 PageID #: 936
`
`3:16-3377 (N.D. Cal.), and Electronic Arts Inc. v. Acceleration Bay LLC, C.A. No. 3:16-3378
`
`(N.D. Cal.) (collectively, the "DJ Actions");
`
`WHEREAS Acceleration Bay LLC ("Acceleration Bay") filed the following actions in
`
`the District of Delaware on June 17, 2016: Acceleration Bay LLC v. Activision Blizzard Inc.,
`
`C.A. No. 16-453-RGA (D. Del.), Acceleration Bay LLC v. Electronic Arts Inc., C.A. No. 16-454-
`
`RGA (D. Del.), and Acceleration Bay LLC v. Take-Two Interactive Software, Inc. et al.,
`
`C.A. No. 16-455-RGA (D. Del.) (collectively, the "2016 Delaware Actions");
`
`WHEREAS the Video Game Companies filed a Motion to Dismiss, Stay or Transfer the
`
`2016 Delaware Actions on July 8, 2016 (e.g., C.A. No.16-453-RGA, D.I. 6) ("Motion to
`
`Dismiss, Stay or Transfer"), and that motion is still pending;
`
`WHEREAS on September 1, 2016, Judge Seeborg in the Northern District of California
`
`granted Acceleration Bay's motion to transfer the DJ Actions to the District of Delaware;
`
`WHEREAS the DJ Actions were transferred to the District of Delaware and docketed as
`
`Activision Blizzard Inc. v. Acceleration Bay LLC, C.A. No. 16-774-RGA (D. Del.), Take-Two
`
`Interactive Software, Inc. et al. v. Acceleration Bay LLC, C.A. No. 16-775-RGA (D. Del.), and
`
`Electronic Arts Inc. v. Acceleration Bay LLC, C.A. No. 16-776-RGA (D. Del.);
`
`WHEREAS the parties have agreed that for the convenience of the parties and the Court
`
`the Video Game Companies will (I) withdraw their Motion to Dismiss, Stay or Transfer and
`
`(2) dismiss the DJ Actions without prejudice, with the Video Game Companies reserving all
`
`rights, including to file the claims asserted in those actions as counterclaims in the 2016
`
`Delaware Actions;
`
`2
`
`
`
`'
`
`A
`
`Case 1:16-cv-00455-RGA Document 18 Filed 09/19/16 Page 3 of 3 PageID #: 937
`
`IT IS HEREBY STIPULATED by the parties, subject to the approval of the Court, that:
`
`(1)
`
`the Video Game Companies' Motion to Dismiss, Stay or Transfer is withdrawn;
`
`and
`
`(2)
`
`The Video Game Companies' time to respond to Acceleration Bay's complaints
`
`in the 2016 Delaware Actions is extended until October 4, 2016.
`
`POTTER ANDERSON & CORROON LLP
`
`MORRIS, NICHOLS, ARSHT & TUNNELL LLP
`
`/s/ <Pnilip )I. 1?.pvner
`
`/s/ Jack_fB. (}3{umenfeU
`
`Philip A. Rovner (#3215)
`Jonathan A. Choa (#5319)
`Hercules Plaza
`P.O. Box 951
`Wilmington, DE 19899
`(302) 984-6000
`provner@potteranderson.com
`jchoa@potteranderson.com
`
`Jack B. Blumenfeld (#1014)
`Stephen J. Kraftschik (#5623)
`1201 North Market Street
`P.O. Box 1347
`Wilmington, DE 19899
`(302) 658-9200
`jblumenfeld@mnat.com
`skraftschik@mnat.com
`
`Attorneys for Plaintiff
`
`Attorneys for Defendants
`
`September 15, 2016
`
`SO ORDERED this -~l~q~- day of September, 2016
`
`3
`
`
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