`
`IN THE UNITED STATES DISTRICT COURT
`FOR THE DISTRICT OF DELAWARE
`
`C.A. No. 16-454 (RGA)
`
`)))))))))
`
`ACCELERATION BAY LLC,
`
`Plaintiff,
`
`v.
`
`ELECTRONIC ARTS INC.,
`
`Defendant.
`
`DECLARATION OF PAUL J. ANDRE IN SUPPORT OF PLAINTIFF ACCELERATION
`BAY LLC’S MOTION FOR PARTIAL SUMMARY JUDGMENT AND MOTION TO
`EXCLUDE EXPERT TESTIMONY OF CATHARINE M. LAWTON
`
`[VOLUME 4 of 4]
`
`Exhibits 53-66
`
`Philip A. Rovner (#3215)
`Jonathan A. Choa (#5319)
`POTTER ANDERSON & CORROON LLP
`Hercules Plaza
`P.O. Box 951
`Wilmington, DE 19899
`(302) 984-6000
`provner@potteranderson.com
`jchoa@potteranderson.com
`
`Attorneys for Plaintiff
`ACCELERATION BAY LLC
`
`OF COUNSEL:
`
`Paul J. Andre
`Lisa Kobialka
`KRAMER LEVIN NAFTALIS
` & FRANKEL LLP
`990 Marsh Road
`Menlo Park, CA 94025
`(650) 752-1700
`
`Aaron M. Frankel
`KRAMER LEVIN NAFTALIS
` & FRANKEL LLP
`1177 Avenue of the Americas
`New York, NY 10036
`(212) 715-9100
`
`Dated: March 23, 2018
`
`PUBLIC VERSION
`
`Public version dated: April 4, 2018
`
`
`
`Case 1:16-cv-00454-RGA Document 452 Filed 04/04/18 Page 2 of 10 PageID #: 37040
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`I, Paul J. Andre, hereby declare as follows:
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`1.
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`I am an attorney with the law firm Kramer Levin Naftalis & Frankel LLP, counsel
`
`of record for Plaintiff Acceleration Bay LLC (“Acceleration Bay”). I have personal knowledge
`
`of the facts set forth in this declaration and can testify competently to those facts. I submit this
`
`declaration in support of Acceleration Bay’s Opening Brief in Support of its Summary Judgment
`
`and Daubert Motions.
`
`2.
`
`Attached hereto as Exhibit 1 is a true and correct copy the Expert Report of
`
`Nenad Medvidovic, Ph.D., Regarding Infringement by Electronic Arts, Inc. of U.S. Patent Nos.
`
`6,701,344; 6,829,634; 6,714,966; 6,732,147, dated October 5, 2017.
`
`3.
`
`Attached hereto as Exhibit 2 is a true and correct copy of the Reply Expert Report
`
`of Nenad Medvidovic, Ph.D., Regarding Infringement by Electronic Arts, Inc. of U.S. Patent
`
`Nos. 6,701,344; 6,829,634; 6,714,966; 6,732,147, dated February 7, 2018.
`
`4.
`
`Attached hereto as Exhibit 3 is a true and correct copy the Expert Report of
`
`Michael Mitzenmacher, Ph.D., Regarding Infringement by Electronic Arts, Inc. of U.S. Patent
`
`Nos. 6,920,497; 6,910,069, dated October 5, 2017.
`
`5.
`
`Attached hereto as Exhibit 4 is a true and correct copy of the Expert Reply Report
`
`of Michael Mitzenmacher, Ph.D., Regarding Infringement by Electronic Arts, Inc. of U.S. Patent
`
`Nos. 6,920,497 and 6,910,069, dated February 7, 2018.
`
`6.
`
`Attached hereto as Exhibit 5 is a true and correct copy of the Expert Report of Dr.
`
`Harry Bims Regarding Technology of U.S. Patent Nos. 6,701,344; 6,829,634; 6,732,147;
`
`6,714,966; 6,920,497; 6,910,069, dated October 6, 2017.
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`1
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`Case 1:16-cv-00454-RGA Document 452 Filed 04/04/18 Page 3 of 10 PageID #: 37041
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`7.
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`Attached hereto as Exhibit 6 is a true and correct copy of the Reply Expert Report
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`of Dr. Harry Bims Regarding Technology of U.S. Patent Nos. 6,701,344; 6,829,634; 6,732,147;
`
`6,714,966; 6,920,497; 6,910,069, dated February 7, 2018.
`
`8.
`
`Attached hereto as Exhibit 7 is a true and correct copy of the Expert Report of
`
`Christine S. Meyer, Ph.D., dated October 10, 2017.
`
`9.
`
`Attached hereto as Exhibit 8 is a true and correct copy of the Reply Expert Report
`
`of Christine S. Meyer, Ph.D., dated February 7, 2018.
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`10.
`
`Attached hereto as Exhibit 9 is a true and correct copy of pages 1-2, 44-45, 49,
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`51-56, 60-61, 63, 66, 76-80, 125, and 158-159 from the Expert Report of Dr. John P.J. Kelly
`
`Regarding Non-Infringement of U.S. Patent Nos. 6,701,344; 6,829,634; 6,714,966; and
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`6,920,497, dated December 15, 2017.
`
`11.
`
`Attached hereto as Exhibit 10 is a true and correct copy of pages 59-60, 64, 66-68,
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`74-75, 77, and 80 from the Expert Report of Dr. Michael R. Macedonia Regarding Non-
`
`Infringement of U.S. Patent Nos. 6,732,147 and 6,910,069, dated December 15, 2017.
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`12.
`
`Attached hereto as Exhibit 11 is a true and correct copy of the Electronic Arts
`
`User Agreement, last updated as of March 2, 2017, produced by Electronic Arts, Inc., bearing
`
`bates numbers EA0039556 – 66.
`
`13.
`
`Attached hereto as Exhibit 12 is a true and correct copy of the Electronic Arts
`
`User Agreement, last updated as of August 18, 2017, produced by Acceleration Bay, bearing
`
`bates numbers AB-EA 008408 – 19.
`
`14.
`
`Attached hereto as Exhibit 13 is a true and correct copy of the Electronic Arts
`
`Term of Service, last updated as of July 20, 2015, produced by Electronic Arts, Inc., bearing
`
`bates numbers EA0039531 – 44.
`
`2
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`
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`Case 1:16-cv-00454-RGA Document 452 Filed 04/04/18 Page 4 of 10 PageID #: 37042
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`15.
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`Attached hereto as Exhibit 14 is a true and correct copy of the Electronic Arts
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`User Agreement, last updated as of October 28, 2016, produced by Electronic Arts, Inc., bearing
`
`bates numbers EA0039545 – 55.
`
`16.
`
`Attached hereto as Exhibit 15 is a true and correct copy of pages 34-37 from the
`
`transcript of the deposition of Nicholas Channon, taken on July 26, 2017.
`
`17.
`
`Attached hereto as Exhibit 16 is a true and correct copy of pages 14-15, 18-19,
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`24-27, 44-45, 46-47, and 57-58 from the transcript of the deposition of Alan Poon, taken on
`
`April 26, 2017.
`
`18.
`
`Attached hereto as Exhibit 17 is a true and correct copy of a document titled
`
`“Blaze: Xbox One Parties Integration Guide (Blaze 14.x)” produced by Electronic Arts, Inc.,
`
`bearing bates numbers EA0023770 – 77.
`
`19.
`
`Attached hereto as Exhibit 18 is a true and correct copy of a document titled
`
`“Blaze: GameManager” produced by Electronic Arts, Inc., bearing bates numbers EA0023797 –
`
`821.
`
`20.
`
`Attached hereto as Exhibit 19 is a true and correct copy of pages 67 and 69 from
`
`the transcript of the deposition of David O’Neill, taken on March 9, 2017.
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`21.
`
`Attached hereto as Exhibit 20 is a true and correct copy of a document titled
`
`“Blaze: A Walkthrough of Game Management” produced by Electronic Arts, Inc., bearing bates
`
`numbers EA0023662 – 72.
`
`22.
`
`Attached hereto as Exhibit 21 is a true and correct copy of a diagram produced by
`
`Electronic Arts, Inc., bearing bates number EA0023653.
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`23.
`
`Attached hereto as Exhibit 22 is a true and correct copy of a diagram produced by
`
`Electronic Arts, Inc., bearing bates number EA0023538.
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`3
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`
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`Case 1:16-cv-00454-RGA Document 452 Filed 04/04/18 Page 5 of 10 PageID #: 37043
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`24.
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`Attached hereto as Exhibit 23 is a true and correct copy of a document titled
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`“Blaze: DevGuide – Blaze Matchmaking” produced by Electronic Arts, Inc., bearing bates
`
`numbers EA0023563 – 617.
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`25.
`
`Attached hereto as Exhibit 24 is a true and correct copy of a diagram produced by
`
`Electronic Arts, Inc., bearing bates number EA0033641.
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`26.
`
`Attached hereto as Exhibit 25 is a true and correct copy of a document titled
`
`“FIFA 15 Architecture Review” produced by Electronic Arts, Inc., bearing bates numbers
`
`EA0033930 – 32.
`
`27.
`
`Attached hereto as Exhibit 26 is a true and correct copy of a document titled
`
`“EADP Architecture Review Questions” produced by Electronic Arts, Inc., bearing bates
`
`numbers EA0033820 – 31.
`
`28.
`
`Attached hereto as Exhibit 27 is a true and correct copy of a document titled
`
`“NHL 16 Game Services Questionnaire” produced by Electronic Arts, Inc., bearing bates
`
`numbers EA0033897 – 905.
`
`29.
`
`Attached hereto as Exhibit 28 is a true and correct copy of a document titled
`
`“NHL 16 Review Questionnaire” produced by Electronic Arts, Inc., bearing bates numbers
`
`EA0033906 – 08.
`
`30.
`
`Attached hereto as Exhibit 29 is a true and correct copy of a document titled
`
`“Game Services Architecture Review” produced by Electronic Arts, Inc., bearing bates numbers
`
`EA0033951 – 61.
`
`31.
`
`Attached hereto as Exhibit 30 is a true and correct copy of a diagram titled “Plants
`
`versus Zombies Garden Warfare Online System Architecture” produced by Electronic Arts, Inc.,
`
`bearing bates numbers EA0032813 – 15.
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`4
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`
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`Case 1:16-cv-00454-RGA Document 452 Filed 04/04/18 Page 6 of 10 PageID #: 37044
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`32.
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`Attached hereto as Exhibit 31 is a true and correct copy of a document titled
`
`“Online Architectural Review” produced by Electronic Arts, Inc., bearing bates numbers
`
`EA0033962 – 66.
`
`33.
`
`Attached hereto as Exhibit 32 is a true and correct copy of a document titled “PvZ
`
`GW2 Game Services Architecture Questionnaire” produced by Electronic Arts, Inc., bearing
`
`bates numbers EA0033909 – 13.
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`34.
`
`Attached hereto as Exhibit 33 is a true and correct copy of a document titled “PvZ
`
`GW: Game Services Architecture Review” produced by Electronic Arts, Inc., bearing bates
`
`numbers EA0033967 – 71.
`
`35.
`
`Attached hereto as Exhibit 34 is a true and correct copy of a document titled “PvZ
`
`GW2 Online Architectural Questionnaire” produced by Electronic Arts, Inc., bearing bates
`
`numbers EA0033914 – 17.
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`36.
`
`Attached hereto as Exhibit 35 is a true and correct copy of a document titled
`
`“Blaze Server Diagram” produced by Electronic Arts, Inc., bearing bates numbers EA0033595 –
`
`97.
`
`37.
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`Attached hereto as Exhibit 36 is a true and correct copy of pages 10-11, 26-28,
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`31-32, 38-39, and 45-46 from the transcript of the deposition of Michael Smith, taken on April
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`25, 2017.
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`38.
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`Attached hereto as Exhibit 37 is a true and correct copy of pages 34-36, 67-69,
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`and 103 from the transcript of the deposition of Martin Clouatre, taken on August 3, 2017.
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`39.
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`Attached hereto as Exhibit 38 is a true and correct copy of an EA Sports NHL 16
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`game manual for PlayStation 4 produced by Electronic Arts, Inc., bearing bates numbers
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`EA0023368 – 86.
`
`5
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`
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`Case 1:16-cv-00454-RGA Document 452 Filed 04/04/18 Page 7 of 10 PageID #: 37045
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`40.
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`Attached hereto as Exhibit 39 is a true and correct copy of an EA Sports NHL 15
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`game manual for Xbox 360 produced by Electronic Arts, Inc., bearing bates numbers
`
`EA0023472 – 90.
`
`41.
`
`Attached hereto as Exhibit 40 is a true and correct copy of an EA Sports NHL 16
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`game manual for Xbox One produced by Electronic Arts, Inc., bearing bates numbers
`
`EA0023387 – 406.
`
`42.
`
`Attached hereto as Exhibit 41 is a true and correct copy of an EA Sports FIFA 16
`
`game manual for Xbox One produced by Electronic Arts, Inc., bearing bates numbers
`
`EA0023227 – 52.
`
`43.
`
`Attached hereto as Exhibit 42 is a true and correct copy of pages 15 and 99 from
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`the transcript of the deposition of Kam Ling Lo, taken on April 27, 2017.
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`44.
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`Attached hereto as Exhibit 43 is a true and correct copy of pages 34-35, 40-48,
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`and 118-120 from the rough transcript of the deposition of John Kelly, Ph.D., taken on March
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`21, 2018.
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`45.
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`Attached hereto as Exhibit 44 is a true and correct copy of a document titled
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`“Xbox Requirements for Xbox One Games and Hub Apps” produced by Microsoft Corporation,
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`bearing bates numbers MSFT/ACCELERATION BAY 000044 – 159.
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`46.
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`Attached hereto as Exhibit 45 is a true and correct copy of a document titled
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`“Durango Teredo NAT detection handoff” produced by Microsoft Corporation, bearing bates
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`numbers MSFT/SUB ACCELERATION BAY 000160 – 65.
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`47.
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`Attached hereto as Exhibit 46 is a true and correct copy of pages 43-44, 63-64,
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`and 119-122 from the transcript of the deposition of Michael Mitzenmacher, Ph.D., taken on
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`March 8, 2018.
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`6
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`Case 1:16-cv-00454-RGA Document 452 Filed 04/04/18 Page 8 of 10 PageID #: 37046
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`48.
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`Attached hereto as Exhibit 47 is a true and correct copy of a Winsock webpage
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`produced by Microsoft Corporation, bearing bates numbers MS/SUB ACCELERATIONBAY
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`000105 – 12.
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`49.
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`Attached hereto as Exhibit 48 is a true and correct copy of a document titled
`
`“Server Architecture Research” produced by Electronic Arts, Inc., bearing bates numbers
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`EA0024550 – 52.
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`50.
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`Attached hereto as Exhibit 49 is a true and correct copy of a webpage dated
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`November 16, 2015, produced by Acceleration Bay, bearing bates numbers AB-EA 002385 – 89.
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`51.
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`Attached hereto as Exhibit 50 is a true and correct copy of a webpage dated
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`December 10, 2015, produced by Acceleration Bay, bearing bates numbers AB-EA 002390 – 92.
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`52.
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`Attached hereto as Exhibit 51 is a true and correct copy of a webpage dated
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`October 18, 2015, produced by Acceleration Bay, bearing bates numbers AB-EA 002430 – 75.
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`53.
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`Attached hereto as Exhibit 52 is a true and correct copy of a webpage last
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`accessed on March 2, 2016, produced by Acceleration Bay, bearing bates numbers AB-EA
`
`002483 – 86.
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`54.
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`Attached hereto as Exhibit 53 is a true and correct copy of a webpage dated
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`January 8, 2016, produced by Acceleration Bay, bearing bates numbers AB-EA 002523 – 24.
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`55.
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`Attached hereto as Exhibit 54 is a true and correct copy of a webpage dated
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`January 19, 2016, produced by Acceleration Bay, bearing bates numbers AB-EA 002611 – 12.
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`56.
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`Attached hereto as Exhibit 55 is a true and correct copy of a webpage last
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`accessed on March 2, 2016, produced by Acceleration Bay, bearing bates numbers AB-EA
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`002620 – 26.
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`7
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`Case 1:16-cv-00454-RGA Document 452 Filed 04/04/18 Page 9 of 10 PageID #: 37047
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`57.
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`Attached hereto as Exhibit 56 is a true and correct copy of a webpage last
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`accessed on March 22, 2016, produced by Acceleration Bay, bearing bates numbers AB-EA
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`002688 – 95.
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`58.
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`Attached hereto as Exhibit 57 is a true and correct copy of pages 9-10, 20-23, 25,
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`29, 37, 66-67, 69-71, 73-79, 81-88, 93-94, 113-114, 117, 119-120, 136-142, 144-151, and 176-
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`177 from the transcript of the deposition of Catharine Mary Lawton, taken on March 8, 2018.
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`59.
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`Attached hereto as Exhibit 58 is a true and correct copy of pages 112-113, 117,
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`120, 358-362, 394, 397-398, 402, 409-410, 412-413, 415-416, and 437 from the Rebuttal Expert
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`Report of Catharine M. Lawton, dated December 15, 2017.
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`60.
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`Attached hereto as Exhibit 59 is a true and correct copy of excerpts from
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`Defendant Electronic Arts Inc.’s Objections and Responses to Plaintiff Acceleration Bay’s First
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`Set of Party Specific Interrogatories (Nos. 1-7), dated July 7, 2007.
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`61.
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`Attached hereto as Exhibit 60 is a true and correct copy of pages 7-8, 14-15, 20-
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`25, 108-109, 147-151, 182-183, 190-191, and 256-258 from the transcript of the deposition of
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`Catharine Mary Lawton, taken on January 25, 2018.
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`62.
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`Attached hereto as Exhibit 61 is a true and correct copy of the Verdict Form from
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`Uniloc USA, Inc., et al. v. Electronic Arts, Inc., Case No. 13-cv-00259-LED (E.D. Tex.), dated
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`December 5, 2014.
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`63.
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`Attached hereto as Exhibit 62 is a true and correct copy of the Patent License
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`Agreement between
`
`
`
`
`
`8
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`
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`Case 1:16-cv-00454-RGA Document 452 Filed 04/04/18 Page 10 of 10 PageID #: 37048
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`64.
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`Attached hereto as Exhibit 63 is a true and correct copy of the article titled
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`“Here’s who won each console war” by Mike Minotti produced by Catharine Lawton, bearing
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`bates numbers LAWTON-ATVI-0006458 – 64.
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`65.
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`Attached hereto as Exhibit 64 is a true and correct copy of pages 20-21, and 179
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`from the transcript of the deposition of Natasha Radovsky, taken on May 4, 2017.
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`66.
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`Attached hereto as Exhibit 65 is a true and correct copy of pages 35 and 36 from
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`the transcript of the deposition of Glen Van Datta, taken on June 22, 2017.
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`67.
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`Attached hereto as Exhibit 66 is a true and correct copy of Defendant’s Rule 26(a)
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`August 2, 2017 Supplemental Initial Disclosures, dated August 2, 2017.
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`I declare under penalty of perjury under the laws of the United States of America that the
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`foregoing is true and correct. Executed on March 23, 2018, in Menlo Park, California.
`
`/s/ Paul J. Andre
` Paul J. Andre
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`5707492
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`9
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