Case 1:16-cv-00454-RGA Document 409 Filed 02/28/18 Page 1 of 2 PageID #: 31228
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`1313 North Market Street
`P.O. Box 951
`Wilmington, DE 19899-0951
`302 984 6000
`www.potteranderson.com
`
`Philip A. Rovner
`Partner
`Attorney at Law
`provner@potteranderson.com
`302 984-6140 Direct Phone
`302 658-1192 Firm Fax
`
`February 28, 2018
`
`BY CM/ECF & HAND DELIVERY
`
`The Honorable Richard G. Andrews
`U.S. District Court for the District of Delaware
`U.S. Courthouse
`844 North King Street
`Wilmington, DE 19801
`
`Re:
`
`Acceleration Bay LLC v. Electronic Arts, Inc.,
`D. Del., C.A. No. 16-454-RGA
`
`Dear Judge Andrews:
`
`Acceleration Bay respectfully requests that the Court modify the briefing schedule in the
`Electronic Arts action to move the date for submission of opening summary judgment and
`Daubert briefs to May 31, 2018, about four weeks after the expected conclusion of the Activision
`trial. Currently, opening summary judgment and Daubert briefs are due on March 23, 2018,
`with briefing not scheduled to conclude until April 27, 2018, three days before the start of the
`Activision trial.1
`
`Submitting summary judgment and Daubert briefs in the Electronic Arts case before the
`conclusion of the Activision trial risks wasting the parties’ and the Court’s time and resources.
`Developments in the Activision case are very likely to impact, and may moot, many of the issues
`that the parties will likely address in the Electronic Arts case. The parties submitted over 250
`pages of briefing on summary judgment and Daubert motions in the Activision case, covering a
`wide range of issues including validity, infringement and damages. Many of the issues raised in
`these motions will overlap with the issues that will be briefed in the Electronic Arts case. For
`example, the parties have submitted dozens of pages of briefing seeking to exclude each other’s
`damages experts, and many of these arguments at least partially apply in the Electronic Arts
`case. Thus, the Court’s resolution of the Activision motions may significantly narrow or resolve
`the issues in the Electronic Arts case, reducing the amount of necessary briefing. Submitting
`
`1 Electronic Arts declined to participate in a joint call with chambers to request guidance
`regarding how best to present this request. To the extent the Court prefers more formal briefing
`on this issue, Acceleration Bay is prepared to provide it on an expedited briefing schedule so that
`the Court may consider this issue in advance of the current March 23, 2018 due date for opening
`briefs.
`
`

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`Case 1:16-cv-00454-RGA Document 409 Filed 02/28/18 Page 2 of 2 PageID #: 31229
`The Honorable Richard G. Andrews
`February 28, 2018
`Page 2
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`summary judgment and Daubert motions in the Electronic Arts case before the Court has
`resolved the Activision motions is not an efficient use of time and resources.
`
`Additionally, given that briefing in the Electronic Arts case is currently scheduled to be
`completed on the last business day before the start of the Activision trial, the Court is unlikely to
`decide those motions prior to the conclusion of the Activision trial. The outcome of the
`Activision trial, and the Court’s rulings during that trial, may further narrow and inform the
`Electronic Arts motions, which is another reason to defer them until June.
`
`During the parties’ meet and confer, Electronic Arts’ only objection was that Electronic
`wanted to make sure that the Court has sufficient time to consider the parties’ motions in
`advance of the Electronic Arts trial. However, the Electronic Arts trial is not set to begin until
`August 27, 2018, well after of the conclusion of briefing proposed by Acceleration Bay. If the
`Court believes that is not sufficient time, then Acceleration Bay requests the Court set a deadline
`for some time after the Activision trial, sufficient for the Court’s calendar. Such an extension
`will allow the parties to present the Court with more focused briefing on any remaining issues
`before the Electronic Arts trial.
`
`Thus, in the interest of judicial economy, Acceleration Bay respectfully requests that the
`Court move the date for opening summary judgment and Daubert briefs in the Electronic Arts
`case to May 31, 2018.
`
`Respectfully,
`
`/s/ Philip A. Rovner
`
`Philip A. Rovner (#3215)
`
`cc: All Counsel of Record
`567665
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