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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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` 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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` Plaintiff,
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`V,
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`ACTIVISION BLIZZARD, INC.,
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` Defendant.
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`ACCELERATION BAY LLC,
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` Plaintiff,
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`v.
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`ELECTRONIC ARTS INC.,
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` Defendant.
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`ACCELERATION BAY LLC,
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` Plaintiff.
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`v.
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`TAKE-TWO INTERACTIVE
`SOFTWARE, INC., ROCKSTAR GAMES,
`INC. and 2K SPORTS, INC.,
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` Defendants.
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`
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`SPECIAL MASTER ORDER NO. 9 AS TO EXPERT REPORTS
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`On August 16, 2017 all parties filed a number of motions. Two days of hearings were
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`scheduled. By agreement among the parties, Defendants' Motion Regarding Expert Report
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`Framework (“'Expert Motion”) was expedited because opening expert reports are due within a
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`month under the Court's current Scheduling Order. Briefs with exhibits were filed for and
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`RD 10439291v.1
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`
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`Case 1:16-cv-00455-RGA Document 252 Filed 09/01/17 Page 2 of 2 PageID #: 19371
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`against the Expert Motion. The Expert Motion was heard on August 31, 2017. This is my ruling
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`partially granting the Expert Motion.
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`Defendants contend that these are unusual cases which deserve some judicial attention as
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`the cases enter the expert phase of litigation. Two concerns drive Defendants' Expert Motion:
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`that Plaintiff still has not articulated its infringement contentions adequately for Defendants to
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`address them; and Plaintiff's counsel and experts have in other cases allegedly submitted multi-
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`thousand page expert reports that obfuscate the experts' opinions. Plaintiff responds that its
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`infringement contentions are several hundred pages per game at issue and it would be prejudiced
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`if any limitations were imposed on its reports.
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`As I am tasked by the Court to manage discovery in these cases, I am seeking to balance
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`the needs of the parties. I will set a page limitation on the expert reports that is more than the
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`Defendants requested but less than Plaintiff suggested. Fed. R Civ. Pro. 26 already partially
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`addresses the content of an expert's report. However, I will require each report to include a
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`summary of the expert's opinion, as it should be helpful to avoid 'surprise' opinions arising later
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`in the cases.
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`At this time I will not rule as to the length of time for expert depositions.
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`IT IS HEREBY ORDERED AS TO THE EXPERT MOTION: expert reports in each
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`case shall be limited to 2,500 pages per case, exclusive of CVs and inclusive of substantive
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`attachments. Each report must have an informative summary of the expert's opinions.
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`Dated: September 1, 2017
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`
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`/s/ Allen M. Terrell, Jr.
`Allen M. Terrell, Jr., Special Master
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`RD 10439291v.1
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`2
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