throbber
Case 1:16-cv-00454-RGA Document 475 Filed 04/24/18 Page 1 of 7 PageID #: 40326
`
`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 OPPOSITION TO DEFENDANT
`ELECTRONIC ARTS, INC.’S MOTIONS FOR SUMMARY JUDGMENT
` AND TO EXCLUDE EXPERT OPINIONS UNDER F.R.E. 702
`
`[VOLUME 2 of 2]
`
`Exhibits 102 – 108
`
`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: April 13, 2018
`
`PUBLIC VERSION
`
`Public version dated: April 24, 2018
`
`

`

`Case 1:16-cv-00454-RGA Document 475 Filed 04/24/18 Page 2 of 7 PageID #: 40327
`
`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 Opposition to Defendant Electronic Arts, Inc.’s
`
`Motions for Summary Judgment and to Exclude Expert Opinions Under F.R.E. 702.
`
`2.
`
`Attached hereto as Exhibit 67 is a true and correct copy of the Expert Report of
`
`Ricardo Valerdi Regarding Cost Estimates, dated October 6, 2017.
`
`3.
`
`Attached hereto as Exhibit 68 is a true and correct copy of pages 24-25, 48-49,
`
`71-74, 107-108, 110-114, 118-124, and 159 from the transcript of the deposition of John P.J.
`
`Kelly, Ph.D., taken on March 21, 2018.
`
`4.
`
`Attached hereto as Exhibit 69 is a true and correct copy of pages 65, 70-71, 105-
`
`107, 109-110, 112-113, 129-131, 135, 149, and 152-153 from the transcript of the deposition of
`
`Michael Macedonia, taken on March 23, 2018.
`
`5.
`
`Attached hereto as Exhibit 70 is a true and correct copy of pages 21-26, 36, 43-44,
`
`54-55, 67-69, 73-76, 93-100, 144-145, and 173-175 from the transcript of the deposition of
`
`Martin Clouatre, taken on August 3, 2017.
`
`6.
`
`Attached hereto as Exhibit 71 is a true and correct copy of a diagram produced by
`
`Electronic Arts, Inc., bearing bates number EA0023977.
`
`7.
`
`Attached hereto as Exhibit 72 is a true and correct copy of a presentation titled
`
`, produced by Electronic Arts, Inc., bearing bates numbers EA0023941 – 74.
`
`
`
`

`

`Case 1:16-cv-00454-RGA Document 475 Filed 04/24/18 Page 3 of 7 PageID #: 40328
`
`8.
`
`Attached hereto as Exhibit 73 is a true and correct copy of pages 18-19, 24-27, 49,
`
`51-53, 72-81, 94-95, and 118 from the transcript of the deposition of Alan Poon, taken on April
`
`26, 2017.
`
`9.
`
`Attached hereto as Exhibit 74 is a true and correct copy of pages 26-28, 31-32,
`
`45-48, 50, 52-54, 56, and 68 from the transcript of the deposition of Michael Smith, taken on
`
`April 25, 2017.
`
`10.
`
`Attached hereto as Exhibit 75 is a true and correct copy of pages 15, 93-96, and
`
`100 from the transcript of the deposition of Kam Ling Lo, taken on April 27, 2017.
`
`11.
`
`Attached hereto as Exhibit 76 is a true and correct copy of pages 43, 67, 69-75,
`
`97, 105-106, 108-111, 127, 175, 200, 222-225, and 256 from the transcript of the deposition of
`
`David O’Neill, taken on March 9, 2017.
`
`12.
`
`Attached hereto as Exhibit 77 is a true and correct copy of document titled
`
` produced by Electronic Arts, Inc., bearing bates numbers
`
`EA0023755 – 57.
`
`13.
`
`Attached hereto as Exhibit 78 is a true and correct copy of a document titled
`
` produced by Electronic Arts, Inc., bearing bates numbers
`
`EA0024035 – 49.
`
`14.
`
`Attached hereto as Exhibit 79 is a true and correct copy of pages 46-47 from the
`
`transcript of the deposition of Colin Macrae, taken on June 1, 2017.
`
`15.
`
`Attached hereto as Exhibit 80 is a true and correct copy of pages 1-11 from the
`
`patent file history of U.S. Patent No. 6,701,344.
`
`2
`
`

`

`Case 1:16-cv-00454-RGA Document 475 Filed 04/24/18 Page 4 of 7 PageID #: 40329
`
`16.
`
`Attached hereto as Exhibit 81 is a true and correct copy of Defendant Electronic
`
`Arts, Inc.’s July 31, 2017 Supplemental Responses to Acceleration Bay LLC’s Second Set of
`
`Common Interrogatories (No. 6), dated July 31, 2017.
`
`17.
`
`Attached hereto as Exhibit 82 is a true and correct copy of pages 7-8, 19-22, 31-
`
`37, 39-49, 61-62, and 86-94 from the transcript of the deposition of Glen Van Datta, taken on
`
`June 22, 2017.
`
`18.
`
`Attached hereto as Exhibit 83 is a true and correct copy of U.S. Patent No.
`
`7,596,633, issued September 29, 2009.
`
`19.
`
`Attached hereto as Exhibit 84 is a true and correct copy of U.S. Patent No.
`
`7,610,402, issued October 27, 2009.
`
`20.
`
`Attached hereto as Exhibit 85 is a true and correct copy of U.S. Patent No.
`
`7,610,505, issued October 27, 2009.
`
`21.
`
`Attached hereto as Exhibit 86 is a true and correct copy of U.S. Patent No.
`
`7,392,422, issued on June 24, 2008.
`
`22.
`
`Attached hereto as Exhibit 87 is a true and correct copy of U.S. Patent No.
`
`7,627,678, issued on December 1, 2009.
`
`23.
`
`Attached hereto as Exhibit 88 is a true and correct copy of U.S. Patent No.
`
`7,725,599, issued on May 25, 2010.
`
`24.
`
`Attached hereto as Exhibit 89 is a true and correct copy of U.S. Patent No.
`
`7,831,666, issued on November 9, 2010.
`
`25.
`
`Attached hereto as Exhibit 90 is a true and correct copy of U.S. Patent No.
`
`7,792,902, issued on September 7, 2010.
`
`3
`
`

`

`Case 1:16-cv-00454-RGA Document 475 Filed 04/24/18 Page 5 of 7 PageID #: 40330
`
`26.
`
`Attached hereto as Exhibit 91 is a true and correct copy of U.S. Patent No.
`
`7,792,968, issued on September 7, 2010.
`
`27.
`
`Attached hereto as Exhibit 92 is a true and correct copy of U.S. Patent No.
`
`8,010,633, issued on August 30, 2011.
`
`28.
`
`Attached hereto as Exhibit 93 is a true and correct copy of U.S. Patent No.
`
`8,396,984, issued on March 12, 2013.
`
`29.
`
`Attached hereto as Exhibit 94 is a true and correct copy of U.S. Patent No.
`
`8,793,315, issued on July 29, 2014.
`
`30.
`
`Attached hereto as Exhibit 95 is a true and correct copy of Uniloc USA, Inc. and
`
`Uniloc Luxembourg S.A.’s Original Complaint for Patent Infringement from Uniloc USA, Inc. v.
`
`Electronic Arts, Inc., Case No. 13-cv-00259-RWS, Dkt. 1 (E.D. Tex. Mar. 21, 2013).
`
`31.
`
`Attached hereto as Exhibit 96 is a true and correct copy of pages 107-109, 112,
`
`123-124, 133-139, 141-142, 187-188, 197-202, 218-221, 236-237, and 244 from the transcript of
`
`Christine S. Meyer, taken on March 1, 2018.
`
`32.
`
`Attached hereto as Exhibit 97 is a true and correct copy of pages 8-9, 16, 20-21,
`
`and 34-35 from the transcript of Natasha Radovsky, taken on May 4, 2017.
`
`33.
`
`Attached hereto as Exhibit 98 is a true and correct copy of pages 198-204, and
`
`213 from the transcript of Harry Bims, Ph.D., taken on January 4, 2018.
`
`34.
`
`Attached hereto as Exhibit 99 is a true and correct copy of pages 13-17 from the
`
`Rebuttal Expert Report of Catharine M. Lawton, dated December 15, 2017.
`
`35.
`
`Attached hereto as Exhibit 100 is a true and correct copy of pages 150-153 from
`
`the transcript of the deposition of Ricardo Valerdi Ph.D., taken on December 21, 2017.
`
`4
`
`

`

`Case 1:16-cv-00454-RGA Document 475 Filed 04/24/18 Page 6 of 7 PageID #: 40331
`
`36.
`
`Attached hereto as Exhibit 101 is a true and correct copy of pages 250-253 from
`
`the transcript of the deposition of Dr. Michael Macedonia, taken on January 8, 2018.
`
`37.
`
`Attached hereto as Exhibit 102 is a true and correct copy of U.S. Patent No.
`
`6,701,344, issued March 2, 2004, produced by Acceleration Bay, bearing bates numbers AB-AB
`
`000001 – 56.
`
`38.
`
`Attached hereto as Exhibit 103 is a true and correct copy of U.S. Patent No.
`
`6,714,966, issued March 30, 2004, produced by Acceleration Bay, bearing bates numbers AB-
`
`AB 000291 – 348.
`
`39.
`
`Attached hereto as Exhibit 104 is a true and correct copy of U.S. Patent No.
`
`6,920,497, issued July 19, 2005, produced by Acceleration Bay, bearing bates numbers AB-AB
`
`001786 – 843.
`
`40.
`
`Attached hereto as Exhibit 105 is a true and correct copy of U.S. Patent No.
`
`6,829,634, issued December 7, 2004, produced by Acceleration Bay, bearing bates numbers AB-
`
`AB 001086 – 1141.
`
`41.
`
`Attached hereto as Exhibit 106 is a true and correct copy of U.S. Patent No.
`
`6,732,147, issued May 4, 2004, produced by Acceleration Bay, bearing bates numbers AB-AB
`
`000779 – 836.
`
`42.
`
`Attached hereto as Exhibit 107 is a true and correct copy of U.S. Patent No.
`
`6,910,069, issued June 21, 2005, produced by Acceleration Bay, bearing bates numbers AB-AB
`
`001392 – 448.
`
`43.
`
`Attached hereto as Exhibit 108 is a true and correct copy of a document titled
`
` produced by Electronic Arts, Inc., bearing bates numbers
`
`EA0023778 – 90.
`
`5
`
`

`

`Case 1:16-cv-00454-RGA Document 475 Filed 04/24/18 Page 7 of 7 PageID #: 40332
`
`I declare under penalty of perjury under the laws of the United States of America that the
`
`foregoing is true and correct. Executed on April 13, 2018, in Menlo Park, California.
`
`/s/ Paul J. Andre
` Paul J. Andre
`
`
`
`5745328
`
`6
`
`

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