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Case 1:16-cv-00454-RGA Document 539 Filed 03/26/19 Page 1 of 6 PageID #: 45987
`
`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 MARCUS A. COLUCCI IN SUPPORT OF
`ACCELERATION BAY LLC’S SUPPLEMENTAL BRIEF IN OPPOSITION
`TO ELECTRONIC ARTS, INC.’S MOTION FOR SUMMARY JUDGMENT
`
`VOLUME 1 of 5
`
`[Exhibits 1-10]
`
`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
`James Hannah
`KRAMER LEVIN NAFTALIS
` & FRANKEL LLP
`990 Marsh Road
`Menlo Park, CA 94025
`(650) 752-1700
`
`Aaron M. Frankel
`Marcus A. Colucci
`KRAMER LEVIN NAFTALIS
` & FRANKEL LLP
`1177 Avenue of the Americas
`New York, NY 10036
`(212) 715-9100
`
`Dated: March 15, 2019
`
`PUBLIC VERSION
`
`Public version dated: March 26, 2019
`
`

`

`Case 1:16-cv-00454-RGA Document 539 Filed 03/26/19 Page 2 of 6 PageID #: 45988
`
`I, Marcus A. Colucci, 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 LLC’s Supplemental Brief in Opposition to
`
`Electronic Arts, Inc.’s Motion for Summary Judgment.
`
`2.
`
`Attached hereto as Exhibit 1 is a true and correct copy of a document entitled
`
`“FIFA 15 PS4/XB1/PC64 – QA Test Plan” bearing Bates numbers EA0027054-85.
`
`3.
`
`Attached hereto as Exhibit 2 is a true and correct copy of a planning document
`
`entitled “FIFA 15 Gen3 – QA Test Plan” bearing Bates numbers EA0026605-34.
`
`4.
`
`Attached hereto as Exhibit 3 is a true and correct copy of a document entitled
`
`“FIFA 16 Launch” bearing Bates numbers EA0028133-45.
`
`5.
`
`Attached hereto as Exhibit 4 is a true and correct copy of an internal document
`
`entitled “FIFA 15 HD Launch” bearing Bates numbers EA0026787-98.
`
`6.
`
`Attached hereto as Exhibit 5 is a true and correct copy of a presentation entitled
`
`“Gate 4.1 Review FIFA 15 Gen3” bearing Bates numbers EA0026799-828.
`
`7.
`
`Attached hereto as Exhibit 6 is a true and correct copy of a document entitled
`
`“Test Brief – GM Connected Gameplay” bearing Bates numbers EA0033401 - 08.
`
`8.
`
`Attached hereto as Exhibit 7 is a true and correct copy of a presentation entitled
`
`“Plants vs. Zombies Gate 2.0” bearing Bates numbers EA0031039 - 79.
`
`9.
`
`Attached hereto as Exhibit 8 is a true and correct copy of a native internal
`
`spreadsheet produced by EA bearing Bates number EA0026675.
`
`

`

`Case 1:16-cv-00454-RGA Document 539 Filed 03/26/19 Page 3 of 6 PageID #: 45989
`
`10.
`
`Attached hereto as Exhibit 9 is a true and correct copy of a native internal
`
`spreadsheet produced by EA bearing Bates number EA0026595.
`
`11.
`
`Attached hereto as Exhibit 10 is a true and correct copy of a native internal
`
`spreadsheet produced by EA bearing Bates number EA0028375.
`
`12.
`
`Attached hereto as Exhibit 11 is a true and correct copy of an internal diagram
`
`entitled “FIFA 16 XB1/PS4/PC” bearing Bates numbers EA0028614-16.
`
`13.
`
`Attached hereto as Exhibit 12 is a true and correct copy of a presentation
`
`produced by EA bearing Bates numbers EA0026463-88.
`
`14.
`
`Attached hereto as Exhibit 13 is a true and correct copy of a presentation entitled
`
`“Gate 3 Review FIFA 16 Gen 3” bearing Bates numbers EA0027891 - 934.
`
`15.
`
`Attached hereto as Exhibit 14 is a true and correct copy of a presentation entitled
`
`“Gate 3.0 Review NHL 16” bearing Bates numbers EA0030233 - 67.
`
`16.
`
`Attached hereto as Exhibit 15 is a true and correct copy of a presentation entitled
`
`“CE TEAM UPDATE – GEN 4” bearing Bates numbers EA0029717-24.
`
`17.
`
`Attached hereto as Exhibit 16 is a true and correct copy of a presentation entitled
`
`“GATE 4.0 Review FUT 16 – Console” bearing Bates numbers EA0029936 - 30005.
`
`18.
`
`Attached hereto as Exhibit 17 is a true and correct copy of a presentation entitled
`
`“GATE 2.0 Review NHL 15 Gen 4” bearing Bates numbers EA0030106 - 56.
`
`19.
`
`Attached hereto as Exhibit 18 is a true and correct copy of a native internal
`
`spreadsheet entitled “FIFA Gen 3 – Open for Testing Tracker” bearing Bates number
`
`EA0026784.
`
`2
`
`

`

`Case 1:16-cv-00454-RGA Document 539 Filed 03/26/19 Page 4 of 6 PageID #: 45990
`
`20.
`
`Attached hereto as Exhibit 19 is a true and correct copy of a native internal
`
`spreadsheet entitled “FIFA 16 Gen 3 – Open for Testing Tracker” produced by EA bearing Bates
`
`number EA0028148.
`
`21.
`
`Attached hereto as Exhibit 20 is a true and correct copy of a native internal
`
`spreadsheet produced by EA bearing Bates number EA0026830.
`
`22.
`
`Attached hereto as Exhibit 21 is a true and correct copy of a native internal
`
`spreadsheet entitled “FIFA 16 Ultimate Team” produced by EA bearing Bates number
`
`EA0029918.
`
`23.
`
`Attached hereto as Exhibit 22 is a true and correct copy of a native internal
`
`spreadsheet produced by EA bearing Bates number EA0028720.
`
`24.
`
`Attached hereto as Exhibit 23 is a true and correct copy of a native internal
`
`spreadsheet produced by EA bearing Bates number EA0028723.
`
`25.
`
`Attached hereto as Exhibit 24 is a true and correct copy of a native internal
`
`spreadsheet produced by EA bearing Bates number EA0029715.
`
`26.
`
`Attached hereto as Exhibit 25 is a true and correct copy of a presentation entitled
`
`“Gate 3.2 Review FIFA 16 G4” bearing Bates numbers EA0028214-74.
`
`27.
`
`Attached hereto as Exhibit 26 is a true and correct copy of a document entitled
`
`“Dev Ops” bearing Bates numbers EA0033133 - 219.
`
`28.
`
`Attached hereto as Exhibit 27 is a true and correct copy of a document entitled
`
`“Stage – BM 16-2 – Matchmaking and QOS Blaze Improvements” bearing Bates numbers
`
`EA0033064 - 67.
`
`29.
`
`Attached hereto as Exhibit 28 is a true and correct copy of pages 58-59 from the
`
`transcript of the deposition of Colin Macrae, taken on June 1, 2017.
`
`3
`
`

`

`Case 1:16-cv-00454-RGA Document 539 Filed 03/26/19 Page 5 of 6 PageID #: 45991
`
`30.
`
`Attached hereto as Exhibit 29 is a true and correct copy of page 148 from the
`
`transcript of the deposition of Martin Clouatre, taken on August 3, 2017.
`
`31.
`
`Attached hereto as Exhibit 30 is a true and correct copy of page 51 from the
`
`transcript of the deposition of Michael Mitzenmacher, taken on March 8, 2018.
`
`32.
`
`Attached hereto as Exhibit 31 is a true and correct copy of page 242 from the
`
`transcript of the deposition of Michael Macedonia, taken on January 9, 2018 in the Acceleration
`
`Bay, LLC v. Activision Blizzard, Inc., C.A. 16-453-RGA matter.
`
`33.
`
`Attached hereto as Exhibit 32 is a true and correct copy of pages 34-35, and 56-
`
`61 from the transcript of proceedings held on February 28, 2019, regarding Motion for Summary
`
`Judgment.
`
`34.
`
`Attached hereto as Exhibit 33 is a true and correct copy of a document entitled
`
`“Online Features Training” bearing Bates numbers EA0033243 - 75.
`
`35.
`
`Attached hereto as Exhibit 34 is a true and correct copy of a document entitled
`
`“EA Sports Hockey League” bearing Bates numbers EA0033276 - 302.
`
`36.
`
`Attached hereto as Exhibit 35 is a true and correct copy of a document entitled
`
`“PvZ GW: Game Services Architecture Review” bearing Bates numbers EA0033967 - 71.
`
`37.
`
`Attached hereto as Exhibit 36 is a true and correct copy of a presentation entitled
`
`“Gate 3.2 Review FUT 16 - Console” bearing Bates numbers EA0029857 - 913.
`
`38.
`
`Attached hereto as Exhibit 37 is a true and correct copy of a presentation entitled
`
`“Gate 3.1 Review FIFA 16 Gen 3” bearing Bates numbers EA0027957 - 8008.
`
`39.
`
`Attached hereto as Exhibit 38 is a true and correct copy of a document entitled
`
`“NHL 15 OTP Tech Brief” bearing Bates numbers EA0033793 - 97.
`
`4
`
`

`

`Case 1:16-cv-00454-RGA Document 539 Filed 03/26/19 Page 6 of 6 PageID #: 45992
`
`40.
`
`Attached hereto as Exhibit 39 is a true and correct copy of a document produced
`
`by EA bearing Bates numbers EA0032698 - 709.
`
`41.
`
`Attached hereto as Exhibit 40 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.
`
`42.
`
`Attached hereto as Exhibit 41 is a true and correct copy of a presentation entitled
`
`“FIFA 16 Post Launch CSAT – US, UK, FR, ES” bearing Bates numbers EA0034778 - 814.
`
`43.
`
`Attached hereto as Exhibit 42 is a true and correct copy of a document entitled
`
`“Electronic Arts User Agreement” bearing Bates numbers EA0039556 – 66.
`
`44.
`
`Attached hereto as Exhibit 43 is a true and correct copy of a Plaintiff
`
`Acceleration Bay, LLC’s Expert Report of Dr. Eric Cole Regarding Technology Tutorial, dated
`
`October 10, 2017.
`
`45.
`
`Attached hereto as Exhibit 44 is a true and correct copy of Plaintiff Acceleration
`
`Bay LLC’s Second Supplemental Objections and Responses to Defendant Electronic Arts Inc.’s
`
`First Set of Party Specific Interrogatories (No. 3), dated July 20, 2017.
`
`46.
`
`Attached hereto as Exhibit 45 is a true and correct copy an email between Aaron
`
`Frankel and Louis L. Campbell, dated March 1, 2019.
`
`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 15, 2019, in New York, NY.
`
`/s/ Marcus A. Colucci
` Marcus A. Colucci
`
`5
`
`

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