`
`1313 North Market Street
`P.O. Box 951
`Wilmington, DE 19899-0951
`302 984 6000
`www.potteranderson.com
`
`Philip A. Rovner
`Partner
`Attorney at Law
`provner@potteranderson.com
`302 984-6140 Direct Phone
`302 658-1192 Firm Fax
`
`January 17, 2019
`
`BY CM/ECF & HAND DELIVERY
`
`The Honorable Richard G. Andrews
`U.S. District Court for the District of Delaware
`U.S. Courthouse
`844 North King Street
`Wilmington, DE 19801
`
`Re:
`
`Acceleration Bay LLC v. Electronic Arts Inc., D. Del., C.A. No. 16-454-RGA
`(the “EA Action”); Acceleration Bay LLC v. Take-Two Interactive Software, Inc.,
`D. Del., C.A. No. 16-455-RGA (the “Take Two Action”)
`
`
`Dear Judge Andrews:
`
`As provided for in the parties’ January 16, 2019 Stipulation Regarding Case Management,
`Acceleration Bay respectfully requests that the Court set the due date for Acceleration Bay to serve
`supplemental damages expert reports in the above actions at thirty (EA Action) and forty (Take
`Two Action) days after the Court rules on the parties’ damages motions in C.A. No. 16-453-RGA
`(the “Activision Action”).
`
`The Court’s resolution of damages issues in the Activision Action will likely substantially
`narrow, if not resolve, damages issues in the EA and Take Two Actions because Acceleration Bay
`will be serving damages expert reports that present theories substantially identical to those served
`in the Activision Action. Thus, the Court’s decision in the Activision Action will inform the
`resolution of parallel issues presented in these Actions, and waiting for that decision before serving
`further damages expert reports and motions will promote judicial economy.
`
`Waiting for a decision in the Activision Action will not delay the resolution of the EA and
`Take Two Actions or prejudice Defendants. The Parties agree that the Activision Action should
`go to trial before these cases, and the EA and Take Two trial dates are off calendar. Therefore, to
`the extent the Court’s rulings in the Activision Action do not entirely resolve any disputes over
`damages in these cases, there will still be ample time to proceed through the damages disclosure
`and briefing schedule.
`
`Accordingly, Acceleration Bay requests a schedule where the Court and parties focus their
`efforts on resolving the damages issues in the Activision Action and getting that case ready for
`
`
`
`Case 1:16-cv-00455-RGA Document 454 Filed 01/17/19 Page 2 of 2 PageID #: 31896
`The Honorable Richard G. Andrews
`January 17, 2019
`Page 2
`
`trial. Then, the parties can turn to resolving the parallel issues in these cases, rather than expend
`the resources of the Court and the parties on motions and reports that may soon be at least partially
`stale.
`
`Respectfully,
`
`/s/ Philip A. Rovner
`
`Philip A. Rovner (#3215)
`
`cc:
`6057078
`
`All Counsel of Record (Via ECF Filing, Electronic Mail)
`
`
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