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Case 1:16-cv-00455-RGA Document 230 Filed 08/16/17 Page 1 of 3 PageID #: 18718
`
`IN THE UNITED STATES DISTRICT COURT
`FOR THE DISTRICT OF DELAWARE
`
`C.A. No. 16-453 (RGA)
`
`C.A. No. 16-454 (RGA)
`
`C.A. No. 16-455 (RGA)
`
`))))))))
`
`)))))))) ))))))))))
`
`ACCELERATION BAY LLC,
`
`Plaintiff,
`
`v.
`
`ACTIVISION BLIZZARD, INC.
`
`Defendant.
`ACCELERATION BAY LLC,
`
`Plaintiff,
`
`v.
`
`ELECTRONIC ARTS INC.,
`
`Defendant.
`ACCELERATION BAY LLC,
`
`Plaintiff,
`
`v.
`
`TAKE-TWO INTERACTIVE SOFTWARE,
`INC., ROCKSTAR GAMES, INC. and
`2K SPORTS, INC.,
`
`Defendants.
`
`PLAINTIFF ACCELERATION BAY LLC’S MOTION TO COMPEL
`
`Pursuant to the Court’s Order Appointing Special Master (D.I. 94 in C.A. No. 15-228-
`
`RGA, incorporated into this action by D.I. 62) (“Order”), Plaintiff Acceleration Bay LLC
`
`(“Acceleration Bay”) hereby moves for an order:
`
`(1)
`
`precluding Defendants from using at trial, or in any motion made in these actions,
`
`any agreements they have with Sony, Microsoft and Bungie, or, at minimum, compelling them to
`
`produce unredacted copies of these agreements;
`
`

`

`Case 1:16-cv-00455-RGA Document 230 Filed 08/16/17 Page 2 of 3 PageID #: 18719
`
`(2)
`
`(3)
`
`compelling Activision to produce withheld source code printouts for Call of Duty;
`
`compelling Defendants to supplement their responses to Acceleration Bay’s
`
`Interrogatory Nos. 2, 4 and 7-10, or at minimum, precluding Defendants from making arguments
`
`or using evidence not already in their interrogatory responses at trial, or in any motion made in
`
`these actions; and
`
`(4)
`
`precluding Defendants from using at trial, or in any motion made in these actions,
`
`belatedly disclosed invalidity materials, witnesses and documents produced by Microsoft in
`
`response to Defendants’ untimely subpoena.
`
`The grounds for this motion are set forth in Acceleration Bay’s letter brief, which will be
`
`provided to the Special Master pursuant to Paragraph 3 of the Order and the Special Master
`
`Order Relating to Procedures for Resolving Discovery Motions (D.I. 113 in C.A. No. 15-228-
`
`RGA). A telephonic hearing on this motion is scheduled for August 31, 2017 at 2:00 p.m.
`
`Pursuant to D. Del. LR 7.1.1, Acceleration Bay states that it has made reasonable effort to
`
`reach agreement with Defendants on the matters set forth in this motion and have been informed
`
`that Defendants oppose the relief sought.
`
`2
`
`

`

`Case 1:16-cv-00455-RGA Document 230 Filed 08/16/17 Page 3 of 3 PageID #: 18720
`
`POTTER ANDERSON & CORROON LLP
`
`By: /s/ Philip A. Rovner
`Philip A. Rovner (#3215)
`Jonathan A. Choa (#5319)
`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: August 16, 2017
`5367479
`
`3
`
`

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