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Case 1:16-cv-00454-RGA Document 455 Filed 04/05/18 Page 1 of 12 PageID #: 37179
`
`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 KATHLEEN B. BARRY
`IN SUPPORT OF ELECTRONIC ART INC.’S OPENING BRIEF
`IN SUPPORT OF ITS MOTIONS FOR SUMMARY JUDGMENT AND
`TO EXCLUDE EXPERT OPINIONS UNDER FRE 702
`VOLUME 1 OF 8
`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
`
`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
`
`Attorneys for Defendant
`
`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 455 Filed 04/05/18 Page 2 of 12 PageID #: 37180
`
`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 455 Filed 04/05/18 Page 3 of 12 PageID #: 37181
`
`
`
`IN THE UNITED STATES DISTRICT COURT
`FOR THE DISTRICT OF DELAWARE
`
`)
`)
`)
`)
`)
`)
`)
`)
`)
`
`
`
`
`
`C.A. No. 16-454 (RGA)
`
`CONFIDENTIAL –
`OUTSIDE COUNSEL ONLY
`FILED UNDER SEAL
`
`ACCELERATION BAY LLC,
`
`
`
`
`
`ELECTRONIC ARTS INC.,
`
`
`
`
`
`
`
`
`
`
`
`
`v.
`
`
`
`Plaintiff,
`
`Defendant.
`
`DECLARATION OF KATHLEEN B. BARRY
`IN SUPPORT OF ELECTRONIC ART INC.’S OPENING BRIEF
`IN SUPPORT OF ITS MOTIONS FOR SUMMARY JUDGMENT AND
`TO EXCLUDE EXPERT OPINIONS UNDER FRE 702
`
`I, Kathleen B. Barry, declare:
`
`1.
`
`I am a partner at the law firm of Winston & Strawn LLP and counsel to Electronic
`
`Arts Inc. (“EA”) in the above-captioned matter. I declare that the following statements are true to
`
`the best of my knowledge, information, and belief, and that if called upon to testify, I could and
`
`would testify competently thereto. I make this declaration in support of EA’s Opening Brief in
`
`Support of its Motions for Summary Judgment and to Exclude Expert Opinions under FRE 702.
`
`2.
`
`Attached as Exhibit A-1 is a true and correct copy of the expert report of Nenad
`
`Medvidović, Ph.D., regarding infringement by Electronic Arts, Inc. of U.S. Patent Nos.
`
`6,701,344; 6,829,634; 6,714,966; and 6,732,147.
`
`3.
`
`Attached as Exhibit A-2 is a true and correct copy of the expert report of Michael
`
`Mitzenmacher, Ph.D., regarding infringement by Electronic Arts, Inc. of U.S. Patent Nos.
`
`6,920,497 and 6,910,069.
`
`4.
`
`Attached as Exhibit A-3 is a true and correct copy of the expert reply report of
`
`Nenad Medvidović, Ph.D., regarding infringement by Electronic Arts, Inc. of U.S. Patent Nos.
`
`6,701,344; 6,829,634; 6,714,966; and 6,732,147.
`
`
`
`

`

`Case 1:16-cv-00454-RGA Document 455 Filed 04/05/18 Page 4 of 12 PageID #: 37182
`
`
`
`5.
`
`Attached as Exhibit A-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.
`
`6.
`
`Attached as Exhibit A-5 is a true and correct copy of the expert report of John
`
`Kelly, Ph.D., regarding non-infringement of U.S. Patent Nos. 6,701,344; 6,829,634; 6,714,966;
`
`and 6,920,497.
`
`7.
`
`Attached as Exhibit A-6 is a true and correct copy of the declaration of John P.J.
`
`Kelly, Ph.D. in support of defendant Electronic Arts Inc.’s Motion for Summary Judgment.
`
`8.
`
`Attached as Exhibit A- 7 is a true and correct copy of expert report of Michael R.
`
`Macedonia, Ph.D., regarding non-infringement of U.S. Patent Nos. 6,732,147 and 6,910,069.
`
`9.
`
`Attached as Exhibit A- 8 is a true and correct copy of the declaration of Michael
`
`R. Macedonia, Ph.D. in support of defendant Electronic Arts Inc.’s Motion for Summary
`
`Judgment.
`
`10.
`
`Attached as Exhibit A- 9 is a true and correct copy of an EA document entitled
`
`“DirtySock : Network Topologies” bearing bates numbers EA 0023054-56.
`
`11.
`
`Attached as Exhibit A- 10 is a true and correct copy of Defendant Electronic Arts
`
`Inc.’s Response to Plaintiff’s Acceleration Bay’s Second Set of Party Specific Interrogatories
`
`(Nos. 8-10).
`
`12.
`
`Attached as Exhibit A- 11 is a true and correct copy of the February 13, 2012,
`
`email from Fred Holt to Steve Caliguri bearing bates numbers ATI03613-18.
`
`13.
`
`Attached as Exhibit A- 12 is a true and correct copy of the excerpts of exemplary
`
`Doctrine of Equivalents arguments by Drs. Medvidovic and Mitzenmacher.
`
`2
`
`

`

`Case 1:16-cv-00454-RGA Document 455 Filed 04/05/18 Page 5 of 12 PageID #: 37183
`
`
`
`14.
`
`Attached as Exhibit A- 13 is a true and correct copy of Plaintiff Acceleration
`
`Bay’s Second Supplemental Responses to Defendant Electronic Arts Inc.’s First Set of Party
`
`Specific Interrogatories.
`
`15.
`
`Attached as Exhibit A- 14 is a true and correct copy of the Defendant Electronic
`
`Art’s April 27, 2017 Supplemental Responses to Plaintiff Acceleration Bay LLC’s Second Set of
`
`Common Interrogatories (Nos. 6 and 7).
`
`16.
`
`Attached as Exhibit C-1 is a true and correct copy of the expert report of Dr.
`
`Harry Bims regarding technology of the Asserted Patents.
`
`17.
`
`Attached as Exhibit C-2 is a true and correct copy of the expert report of Dr.
`
`Ricardo Valerdi regarding cost estimates.
`
`18.
`
`Attached as Exhibit C-3 is a true and correct copy of the expert report of Christine
`
`S. Meyer, Ph.D.
`
`19.
`
`Attached as Exhibit C-4 is a true and correct copy of the reply expert report of Dr.
`
`Harry Bims regarding technology of the Asserted Patents.
`
`20.
`
`Attached as Exhibit C-5 is a true and correct copy of the reply expert report of
`
`Christine S. Meyer, Ph.D.
`
`21.
`
`Attached as Exhibit C-6 is a true and correct copy of Defendant(s)’ Responses to
`
`Plaintiff Acceleration Bay LLC’s First Set of Common Interrogatories (Nos. 1-4).
`
`22.
`
`Attached as Exhibit C-10 is a true and correct copy of the June 16, 2017 transcript
`
`of proceedings before Special master Allen M. Terrell, Jr.
`
`23.
`
`Attached as Exhibit C-11 is a true and correct copy of the website printout bearing
`
`bates numbers AB-EA002676-87.
`
`3
`
`

`

`Case 1:16-cv-00454-RGA Document 455 Filed 04/05/18 Page 6 of 12 PageID #: 37184
`
`
`
`24.
`
`Attached as Exhibit C-12 is a true and correct copy of the website printout bearing
`
`bates numbers AB-EA008067-70.
`
`25.
`
`Attached as Exhibit C-13 is a true and correct copy of the document bearing bates
`
`numbers EA0037721-80.
`
`26.
`
`Attached as Exhibit C-14 is a true and correct copy of the jury verdict in Uniloc v.
`
`Electronic Arts Inc. (6:13-cv-259).
`
`27.
`
`28.
`
`Attached as Exhibit D-1 is a chart for the asserted claims.
`
`Attached as Exhibit D-2 is a true and correct copy of the chart summarizing non-
`
`infringement arguments impact on asserted claims.
`
`29.
`
`Attached as Exhibit E-1 is a true and correct copy of the deposition transcript of
`
`Martin Clouatre.
`
`30.
`
`Attached as Exhibit E-2 is a true and correct copy of the deposition transcript of
`
`David O’Neill.
`
`31.
`
`Attached as Exhibit E-3 is a true and correct copy of the deposition transcript of
`
`Alan Poon.
`
`32.
`
`Attached as Exhibit E-4 is a true and correct copy of the deposition transcript of
`
`Michael Smith.
`
`33.
`
`Attached as Exhibit E-5 is a true and correct copy of the deposition transcript of
`
`Ling Lo.
`
`34.
`
`Attached as Exhibit E-6 is a true and correct copy of the deposition transcript of
`
`Dr. Fred Holt.
`
`35.
`
`Attached as Exhibit E-7 is a true and correct copy of the deposition transcript of
`
`Dr. Christine Meyer.
`
`4
`
`

`

`Case 1:16-cv-00454-RGA Document 455 Filed 04/05/18 Page 7 of 12 PageID #: 37185
`
`
`
`36.
`
`Attached as Exhibit E-8 is a true and correct copy of the deposition transcript of
`
`Dr. Ricard Valerdi.
`
`37.
`
`Attached as Exhibit E-9 is a true and correct copy of the deposition transcript of
`
`Dr. Nenad Medvidovic.
`
`38.
`
`Attached as Exhibit E-10 is a true and correct copy of the deposition transcript of
`
`Michael Mitzenmacher.
`
`39.
`
`Attached as Exhibit E-11 is a true and correct copy of the deposition transcript of
`
`Harry Bims.
`
`40.
`
`Attached as Exhibit E-12 is a true and correct copy of the errata to Harry Bims’s
`
`deposition transcript, served on 2/1/2018.
`
`41.
`
`Attached as Exhibit E-13 is a true and correct copy of the deposition transcript of
`
`Nenad Medvidovic from Acceleration Bay v. Activision, 1:16-cv-453.
`
`42.
`
`Attached as Exhibit E-14 is a true and correct copy of the deposition transcript of
`
`Nicholas Channon.
`
`43.
`
`Attached as Exhibit F-1 is a true and correct copy of the September 15, 2003
`
`amendment from the file history of the ’344 patent, annotated to show the amendments and
`
`argument related to the claim.
`
`44.
`
`Attached as Exhibit F-2 is a true and correct copy of the May 7, 2004 amendment
`
`from the file history of the ’634 patent, annotated to show the amendments and argument related
`
`to the claim.
`
`45.
`
`Attached as Exhibit F-3 is a true and correct copy of the December 17, 2003
`
`amendment from the file history of the ’147 patent, annotated to show the amendments and
`
`argument related to the claim.
`
`5
`
`

`

`Case 1:16-cv-00454-RGA Document 455 Filed 04/05/18 Page 8 of 12 PageID #: 37186
`
`46.
`
`Attached as Exhibit F-4 is a true and correct copy of the May 17, 2004
`
`amendment from the file history of the ’069 patent, annotated to show the amendments and
`
`argument related to the claim.
`
`47.
`
`Attached as Exhibit F-5 is a true and correct copy of the ’147 Patent Owner
`
`Preliminary Response (IPR2016-00747, Pap. 11).
`
`I declare under penalty of perjury that the foregoing is true and correct. Executed this
`
`23rd day of March, 2018, in Chicago, Illinois.
`
`/s/ Kathleen B. Barry
`Kathleen B. Barry
`
`6
`
`

`

`Case 1:16-cv-00454-RGA Document 455 Filed 04/05/18 Page 9 of 12 PageID #: 37187
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`EXHIBIT A-1
`
`CONFIDENTIAL – OUTSIDE COUNSEL
`ONLY
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`

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`Case 1:16-cv-00454-RGA Document 455 Filed 04/05/18 Page 10 of 12 PageID #: 37188
`Case 1:16-cv-00454-RGA Document 455 Filed 04/05/18 Page 10 of 12 PagelD #: 37188
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`REDACTED
`REDACTED
`IN ITS
`IN ITS
`ENTIRETY
`ENTIRETY
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`

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`Case 1:16-cv-00454-RGA Document 455 Filed 04/05/18 Page 11 of 12 PageID #: 37189
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`EXHIBIT A-2
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`CONFIDENTIAL – OUTSIDE COUNSEL
`ONLY
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`Case 1:16-cv-00454-RGA Document 455 Filed 04/05/18 Page 12 of 12 PageID #: 37190
`Case 1:16-cv-00454-RGA Document 455 Filed 04/05/18 Page 12 of 12 PagelD #: 37190
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`REDACTED
`REDACTED
`IN ITS
`IN ITS
`ENTIRETY
`ENTIRETY
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`

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