`
`IN THE UNITED STATES DISTRICT COURT
`FOR THE DISTRICT OF DELA WARE
`
`ACCELERATION BAY LLC,
`
`Plaintiff,
`
`v.
`
`ACTIVISION BLIZZARD, INC.,
`
`Defendant.
`
`ACCELERATION BAY LLC,
`
`Plaintiff,
`
`v.
`
`ELECTRONIC ARTS, INC.,
`
`Defendant.
`
`ACCELERATION BAY LLC,
`
`Plaintiff,
`
`Civil Action No. 16-453-RGA
`
`Civil Action No. 16-454-RGA
`
`v.
`
`Civil Action No. 16-455-RGA
`
`TAKE-TWO INTERACTIVE
`SOFTWARE, INC., et al.,
`
`Defendants.
`
`ORDER ON CLAIM CONSTRUCTION PROCESS
`
`I have considered the latest installment of the pot and the kettle. The motion to
`
`strike (No. 16-453, D.I. 165; No. 16-454, D.I. 135; No. 16-455, D.I. 132) is DENIED.
`
`I do not consider changing from plain meaning to something else for one out of
`
`fifty-six terms (No. 16-453, D.I. 190, p.2) to be something outside the norm.
`
`
`
`Case 1:16-cv-00455-RGA Document 171 Filed 07/05/17 Page 2 of 2 PageID #: 16777
`
`The claim construction hearing scheduled for July 10 will be limited to the eight
`
`means-plus-function terms and the three "m" terms, that is, "m," "m-regular," and "m-
`
`connected." That is pages 1-23 and 26-51 of the Joint Claim Construction Brief.
`
`The rest of the briefing for both sides is struck. The Defendants are to divide the
`
`remaining terms into four groups with approximately equal number of terms in each
`
`group, and the parties may have the standard number of pages to brief each of the four
`
`groups, with the joint claim construction briefs being due at regularly spaced intervals,
`
`that is, August 31, September 29, October 31, and November 30, 2017. The parties
`
`should meet and confer on the interim dates, and submit a stipulated briefing schedule by
`
`COB July 10, 2017. Markman hearings will be scheduled later, at a time convenient for
`
`the Court. The Court does not intend to adopt the Plaintiffs "no construction necessary"
`
`positions; Plaintiff needs to propose what the plain meaning is for each disputed term.
`IT IS SO ORDERED this S°' day of July 2017.
`
`e~~
`
`UniteastatesDi trict Judge
`
`
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