Case 1:16-cv-00454-RGA Document 452 Filed 04/04/18 Page 1 of 10 PageID #: 37039
`
`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
`
`
`
`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
`
`I, Paul J. Andre, hereby declare as follows:
`
`1.
`
`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.
`
`1
`
`
`
`Case 1:16-cv-00454-RGA Document 452 Filed 04/04/18 Page 3 of 10 PageID #: 37041
`
`7.
`
`Attached hereto as Exhibit 6 is a true and correct copy of the Reply 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 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.
`
`10.
`
`Attached hereto as Exhibit 9 is a true and correct copy of pages 1-2, 44-45, 49,
`
`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
`
`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,
`
`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.
`
`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
`
`
`
`Case 1:16-cv-00454-RGA Document 452 Filed 04/04/18 Page 4 of 10 PageID #: 37042
`
`15.
`
`Attached hereto as Exhibit 14 is a true and correct copy of the Electronic Arts
`
`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,
`
`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.
`
`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.
`
`23.
`
`Attached hereto as Exhibit 22 is a true and correct copy of a diagram produced by
`
`Electronic Arts, Inc., bearing bates number EA0023538.
`
`3
`
`
`
`Case 1:16-cv-00454-RGA Document 452 Filed 04/04/18 Page 5 of 10 PageID #: 37043
`
`24.
`
`Attached hereto as Exhibit 23 is a true and correct copy of a document titled
`
`“Blaze: DevGuide – Blaze Matchmaking” produced by Electronic Arts, Inc., bearing bates
`
`numbers EA0023563 – 617.
`
`25.
`
`Attached hereto as Exhibit 24 is a true and correct copy of a diagram produced by
`
`Electronic Arts, Inc., bearing bates number EA0033641.
`
`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.
`
`4
`
`
`
`Case 1:16-cv-00454-RGA Document 452 Filed 04/04/18 Page 6 of 10 PageID #: 37044
`
`32.
`
`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.
`
`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.
`
`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.
`
`Attached hereto as Exhibit 36 is a true and correct copy of pages 10-11, 26-28,
`
`31-32, 38-39, and 45-46 from the transcript of the deposition of Michael Smith, taken on April
`
`25, 2017.
`
`38.
`
`Attached hereto as Exhibit 37 is a true and correct copy of pages 34-36, 67-69,
`
`and 103 from the transcript of the deposition of Martin Clouatre, taken on August 3, 2017.
`
`39.
`
`Attached hereto as Exhibit 38 is a true and correct copy of an EA Sports NHL 16
`
`game manual for PlayStation 4 produced by Electronic Arts, Inc., bearing bates numbers
`
`EA0023368 – 86.
`
`5
`
`
`
`Case 1:16-cv-00454-RGA Document 452 Filed 04/04/18 Page 7 of 10 PageID #: 37045
`
`40.
`
`Attached hereto as Exhibit 39 is a true and correct copy of an EA Sports NHL 15
`
`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
`
`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
`
`the transcript of the deposition of Kam Ling Lo, taken on April 27, 2017.
`
`44.
`
`Attached hereto as Exhibit 43 is a true and correct copy of pages 34-35, 40-48,
`
`and 118-120 from the rough transcript of the deposition of John Kelly, Ph.D., taken on March
`
`21, 2018.
`
`45.
`
`Attached hereto as Exhibit 44 is a true and correct copy of a document titled
`
`“Xbox Requirements for Xbox One Games and Hub Apps” produced by Microsoft Corporation,
`
`bearing bates numbers MSFT/ACCELERATION BAY 000044 – 159.
`
`46.
`
`Attached hereto as Exhibit 45 is a true and correct copy of a document titled
`
`“Durango Teredo NAT detection handoff” produced by Microsoft Corporation, bearing bates
`
`numbers MSFT/SUB ACCELERATION BAY 000160 – 65.
`
`47.
`
`Attached hereto as Exhibit 46 is a true and correct copy of pages 43-44, 63-64,
`
`and 119-122 from the transcript of the deposition of Michael Mitzenmacher, Ph.D., taken on
`
`March 8, 2018.
`
`6
`
`
`
`Case 1:16-cv-00454-RGA Document 452 Filed 04/04/18 Page 8 of 10 PageID #: 37046
`
`48.
`
`Attached hereto as Exhibit 47 is a true and correct copy of a Winsock webpage
`
`produced by Microsoft Corporation, bearing bates numbers MS/SUB ACCELERATIONBAY
`
`000105 – 12.
`
`49.
`
`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
`
`EA0024550 – 52.
`
`50.
`
`Attached hereto as Exhibit 49 is a true and correct copy of a webpage dated
`
`November 16, 2015, produced by Acceleration Bay, bearing bates numbers AB-EA 002385 – 89.
`
`51.
`
`Attached hereto as Exhibit 50 is a true and correct copy of a webpage dated
`
`December 10, 2015, produced by Acceleration Bay, bearing bates numbers AB-EA 002390 – 92.
`
`52.
`
`Attached hereto as Exhibit 51 is a true and correct copy of a webpage dated
`
`October 18, 2015, produced by Acceleration Bay, bearing bates numbers AB-EA 002430 – 75.
`
`53.
`
`Attached hereto as Exhibit 52 is a true and correct copy of a webpage last
`
`accessed on March 2, 2016, produced by Acceleration Bay, bearing bates numbers AB-EA
`
`002483 – 86.
`
`54.
`
`Attached hereto as Exhibit 53 is a true and correct copy of a webpage dated
`
`January 8, 2016, produced by Acceleration Bay, bearing bates numbers AB-EA 002523 – 24.
`
`55.
`
`Attached hereto as Exhibit 54 is a true and correct copy of a webpage dated
`
`January 19, 2016, produced by Acceleration Bay, bearing bates numbers AB-EA 002611 – 12.
`
`56.
`
`Attached hereto as Exhibit 55 is a true and correct copy of a webpage last
`
`accessed on March 2, 2016, produced by Acceleration Bay, bearing bates numbers AB-EA
`
`002620 – 26.
`
`7
`
`
`
`Case 1:16-cv-00454-RGA Document 452 Filed 04/04/18 Page 9 of 10 PageID #: 37047
`
`57.
`
`Attached hereto as Exhibit 56 is a true and correct copy of a webpage last
`
`accessed on March 22, 2016, produced by Acceleration Bay, bearing bates numbers AB-EA
`
`002688 – 95.
`
`58.
`
`Attached hereto as Exhibit 57 is a true and correct copy of pages 9-10, 20-23, 25,
`
`29, 37, 66-67, 69-71, 73-79, 81-88, 93-94, 113-114, 117, 119-120, 136-142, 144-151, and 176-
`
`177 from the transcript of the deposition of Catharine Mary Lawton, taken on March 8, 2018.
`
`59.
`
`Attached hereto as Exhibit 58 is a true and correct copy of pages 112-113, 117,
`
`120, 358-362, 394, 397-398, 402, 409-410, 412-413, 415-416, and 437 from the Rebuttal Expert
`
`Report of Catharine M. Lawton, dated December 15, 2017.
`
`60.
`
`Attached hereto as Exhibit 59 is a true and correct copy of excerpts from
`
`Defendant Electronic Arts Inc.’s Objections and Responses to Plaintiff Acceleration Bay’s First
`
`Set of Party Specific Interrogatories (Nos. 1-7), dated July 7, 2007.
`
`61.
`
`Attached hereto as Exhibit 60 is a true and correct copy of pages 7-8, 14-15, 20-
`
`25, 108-109, 147-151, 182-183, 190-191, and 256-258 from the transcript of the deposition of
`
`Catharine Mary Lawton, taken on January 25, 2018.
`
`62.
`
`Attached hereto as Exhibit 61 is a true and correct copy of the Verdict Form from
`
`Uniloc USA, Inc., et al. v. Electronic Arts, Inc., Case No. 13-cv-00259-LED (E.D. Tex.), dated
`
`December 5, 2014.
`
`63.
`
`Attached hereto as Exhibit 62 is a true and correct copy of the Patent License
`
`Agreement between
`
`
`
`
`
`8
`
`
`
`Case 1:16-cv-00454-RGA Document 452 Filed 04/04/18 Page 10 of 10 PageID #: 37048
`
`64.
`
`Attached hereto as Exhibit 63 is a true and correct copy of the article titled
`
`“Here’s who won each console war” by Mike Minotti produced by Catharine Lawton, bearing
`
`bates numbers LAWTON-ATVI-0006458 – 64.
`
`65.
`
`Attached hereto as Exhibit 64 is a true and correct copy of pages 20-21, and 179
`
`from the transcript of the deposition of Natasha Radovsky, taken on May 4, 2017.
`
`66.
`
`Attached hereto as Exhibit 65 is a true and correct copy of pages 35 and 36 from
`
`the transcript of the deposition of Glen Van Datta, taken on June 22, 2017.
`
`67.
`
`Attached hereto as Exhibit 66 is a true and correct copy of Defendant’s Rule 26(a)
`
`August 2, 2017 Supplemental Initial Disclosures, dated August 2, 2017.
`
`I declare under penalty of perjury under the laws of the United States of America that the
`
`foregoing is true and correct. Executed on March 23, 2018, in Menlo Park, California.
`
`/s/ Paul J. Andre
` Paul J. Andre
`
`
`
`5707492
`
`9
`
`
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