`
`IN THE UNITED STATES DISTRICT COURT
`FOR THE DISTRICT OF DELAWARE
`
`ACCELERATION BAY LLC,
`
`Plaintiff,
`
`v.
`
`ELECTRONIC ARTS INC.,
`
`Defendant.
`
`)
`)
`)
`)
`)
`)
`)
`)
`)
`
`C.A. No. 16-454 (RGA)
`REDACTED - PUBLIC VERSION
`
`DECLARATION OF JOE NETIKOSOL IN SUPPORT OF DEFENDANT
`ELECTRONIC ART INC.’S MOTIONS FOR SUMMARY JUDGMENT AND
`EXCLUSION OF EXPERT OPINIONS UNDER FRE 702
`
`MORRIS, NICHOLS, ARSHT & TUNNELL LLP
`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 Defendant
`
`OF COUNSEL:
`
`Michael A. Tomasulo
`Gino Cheng
`David K. Lin
`Joe S. Netikosol
`WINSTON & STRAWN LLP
`333 South Grand Avenue, 38th Floor
`Los Angeles, CA 90071
`(213) 615-1700
`
`David P. Enzminger
`Louis L. Campbell
`WINSTON & STRAWN LLP
`275 Middlefield Road, Suite 205
`Menlo Park, CA 94025
`(650) 858-6500
`
`Dan K. Webb
`Kathleen B. Barry
`WINSTON & STRAWN LLP
`35 West Wacker Drive
`Chicago, IL 60601
`(312) 558-5600
`
`
`
`Case 1:16-cv-00454-RGA Document 454 Filed 04/05/18 Page 2 of 9 PageID #: 37171
`
`Krista M. Enns
`WINSTON & STRAWN LLP
`101 California Street, 35th Floor
`San Francisco, CA 94111
`(415) 591-1000
`
`Michael M. Murray
`Anup K. Misra
`WINSTON & STRAWN LLP
`200 Park Avenue,
`New York, NY 10166
`(212) 294-6700
`
`Andrew R. Sommer
`Thomas M. Dunham
`Michael Woods
`Paul N. Harold
`Joseph C. Masullo
`WINSTON & STRAWN LLP
`1700 K Street, N.W.
`Washington, DC 20006
`(202) 282-5000
`
`Original Filing Date: March 23, 2018
`Redacted Filing Date: April 5, 2018
`
`
`
`Case 1:16-cv-00454-RGA Document 454 Filed 04/05/18 Page 3 of 9 PageID #: 37172
`
`
`
`Plaintiff,
`
`
`
`v.
`
`
`
`
`
`
`
`
`
`
`
`C.A. No. 16-454 (RGA)
`
`CONFIDENTIAL –
`OUTSIDE COUNSEL ONLY
`FILED UNDER SEAL
`
`ACCELERATION BAY LLC,
`
`
`
`
`
`ELECTRONIC ARTS INC.,
`
`
`
`
`
`Defendant.
`
`IN THE UNITED STATES DISTRICT COURT
`FOR THE DISTRICT OF DELAWARE
`
`)
`)
`)
`)
`)
`)
`)
`)
`)
`
`DECLARATION OF JOE NETIKOSOL IN SUPPORT OF DEFENDANT
`ELECTRONIC ART INC.’S MOTIONS FOR SUMMARY JUDGMENT AND
`EXCLUSION OF EXPERT OPINIONS UNDER FRE 702
`
`
`I, Joe Netikosol, declare as follows:
`
`
`1.
`
`I am an associate attorney with the law firm Winston & Strawn LLP, counsel of
`
`record for Electronic Arts Inc. (“EA”) for the above referenced matter.
`
`2.
`
`I have a bachelor of science in Computer Engineering with emphasis in
`
`computer network and multimedia, and worked as an engineer before attending law school. I
`
`understand the operations of computer networks and communication, as well as file-storage,
`
`including file size, number, and organization structures.
`
`3.
`
`I have personal knowledge of the facts stated herein and can testify competently
`
`to those facts. I make this declaration in support of EA’s Motions for Summary Judgment and
`
`Exclusion of Expert Opinions under FRE 702.
`
`4.
`
`I am admitted to practice law in California. I have been admitted pro hac vice in
`
`this case.
`
`5.
`
`I have reviewed the expert report of Dr. Valerdi, as well the EA source code
`
`made available for inspection, on which Dr. Valerdi relied for his calculation of estimated cost to
`
`re-design the networking functionality of the accused products. In so doing, I observed that Dr.
`
`
`
`
`
`Case 1:16-cv-00454-RGA Document 454 Filed 04/05/18 Page 4 of 9 PageID #: 37173
`
`
`
`Valerdi included in his calculation many source code files for platforms that are outside of this
`
`case.
`
`6.
`
`I understand that these source code files are stored the same way as they were
`
`when EA made the source code available for inspection to Acceleration Bay. No new files were
`
`added, and no modification has been made to the file structure.
`
`Number of Files
`
`2
`
`
`
`Case 1:16-cv-00454-RGA Document 454 Filed 04/05/18 Page 5 of 9 PageID #: 37174
`
`Case 1:16-cv-00454-RGA Document 454 Filed 04/05/18 Page 5 of 9 PagelD #: 37174
`
`3
`
`
`
`
`
`Case 1:16-cv-00454-RGA Document 454 Filed 04/05/18 Page 6 of 9 PageID #: 37175
`
`4
`
`
`
`Case 1:16-cv-00454-RGA Document 454 Filed 04/05/18 Page 7 of 9 PageID #: 37176
`
`Case 1:16-cv-00454-RGA Document 454 Filed 04/05/18 Page 7 of 9 PagelD #: 37176
`
`
`
`5
`
`
`
`Case 1:16-cv-00454-RGA Document 454 Filed 04/05/18 Page 8 of 9 PageID #: 37177
`
`6
`
`
`
`Case 1:16-cv-00454-RGA Document 454 Filed 04/05/18 Page 9 of 9 PageID #: 37178
`
` I declare under penalty of perjury under the laws of the United States that the foregoing is
`
`true and correct. Executed on March 23, 2018 in Los Angeles, California.
`
`By: /s/ Joe Netikosol
`Joe Netikosol
`
`7
`
`
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