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`IN THE UNITED STATES DISTRICT COURT
`FOR THE DISTRICT OF DELAWARE
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`C.A. No. 16-453 (RGA)
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`C.A. No. 16-454 (RGA)
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`C.A. No. 16-455 (RGA)
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`ACCELERATION BAY LLC,
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`Plaintiff,
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`v.
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`ACTIVISION BLIZZARD, INC.,
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`Defendant.
`ACCELERATION BAY LLC,
`
`Plaintiff,
`
`v.
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`ELECTRONIC ARTS INC.,
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`Defendant.
`ACCELERATION BAY LLC,
`
`Plaintiff,
`
`v.
`
`TAKE-TWO INTERACTIVE SOFTWARE,
`INC., ROCKSTAR GAMES, INC. and
`2K SPORTS, INC.,
`
`Defendants.
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`DECLARATION OF LISA KOBIALKA ESQ. IN SUPPORT OF PLAINTIFF
`ACCELERATION BAY LLC’S OPPOSITION TO DEFENDANTS’ MOTION TO
`DISMISS, STAY OR TRANSFER TO THE NORTHERN DISTRICT OF CALIFORNIA
`
`
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`Case 1:16-cv-00455-RGA Document 12 Filed 07/25/16 Page 2 of 3 PageID #: 840
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`I, Lisa Kobialka, declare as follows:
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`1.
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`I am an attorney with the law firm Kramer Levin Naftalis & Frankel LLP, counsel
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`of record for Acceleration Bay LLC (“Acceleration Bay”) for the above referenced matter. I have
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`personal knowledge of the facts stated herein and can testify competently to those facts. I make
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`this declaration in support of Acceleration Bay’s Opposition to the Motion to Dismiss, Transfer
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`or Stay of Defendants Activision Blizzard, Inc. (“Activision”), Electronic Arts Inc. (“EA”),
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`Take-Two Interactive Software, Inc., Rockstar Games, Inc. and 2K Sports, Inc.’s (collectively
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`“Take-Two”) (Activision, EA and Take-Two are hereafter collectively referred to as
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`“Defendants”).
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`2.
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`Attached hereto as Exhibit 1 is a true and correct copy of the webpage
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`www.wikipedia.org/wiki/Demonware, accessed on July 22, 2016.
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`3.
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`Acceleration Bay filed complaints against Activision, EA and Take-Two
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`respectively on March 11, March 30 and April 13, 2015, alleging that Defendants infringe
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`multiple patents (the “2015 Delaware Actions”). The Court consolidated the 2015 Delaware
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`Actions for discovery, claim construction and pre-trial activities.
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`4.
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`Discovery in the 2015 Delaware Actions began in December 2015, and the parties
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`have since engaged in extensive document and interrogatory discovery.
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`5.
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`Acceleration Bay served 30(b)(6) deposition notices on Defendants on January 5,
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`2016. After twice moving to compel deposition, Acceleration Bay took two depositions of
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`Activision Blizzard and was scheduled to take four additional depositions of Defendants.
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`6.
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`The parties collectively served 18 third-party subpoenas and served and
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`responded to 434 requests for production and 42 interrogatories.
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`
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`Case 1:16-cv-00455-RGA Document 12 Filed 07/25/16 Page 3 of 3 PageID #: 841
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`7.
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`The parties and subpoenaed third parties produced over 118,000 pages of
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`documents and held over two dozen days of source code review under the Court’s protective
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`order.
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`8.
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`In the 2015 Delaware Actions, the Court and Special Master Terrell held a total of
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`six hearings on a wide variety of topics and issued over ten substantive orders concerning a
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`variety of issues, including the protective order, discovery disputes, infringement contentions,
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`scheduling, case management and standing.
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`9.
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`Attached hereto as Exhibit 2 is a true and correct copy of Docket Navigator’s
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`Analytics Report for the Court, accessed on July 18, 2016.
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`10.
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`Attached hereto as Exhibit 3 is a true and correct copy of Docket Navigator
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`Analytics Report for Judge Seeborg in the Northern District of California, accessed on July 18,
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`2016.
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`I declare under penalty of perjury under the laws of the United States that the foregoing is
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`true and correct. Executed on July 25, 2016 in Menlo Park, California.
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`By:
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`/s/ Lisa Kobialka
`Lisa Kobialka
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`2
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`