Case 1:16-cv-00455-RGA Document 404-1 Filed 02/23/18 Page 1 of 3 PageID #: 30632
`Case 1:16-cv-00455-RGA Document 404-1 Filed 02/23/18 Page 1 of 3 PagelD #: 30632
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`EXHIBIT 1
`EXHIBIT 1
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`Case 1:16-cv-00455-RGA Document 404-1 Filed 02/23/18 Page 2 of 3 PageID #: 30633
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`IN THE UNITED STATES DISTRICT COURT
`IN AND FOR THE DISTRICT OF DELAWARE
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`CIVIL ACTION
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`NO. 16-0453-RGA
`CIVIL ACTION
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`NO. 16-0454-RGA
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`:::::::::::::::::::
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`ACCELERATION BAY, LLC,
`Plaintiff,
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` vs.
`ACTIVISION BLIZZARD,
`Defendant.
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`ACCELERATION BAY, LLC,
`Plaintiff,
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`vs.
`ELECTRONIC ARTS INC.,
`Defendant.
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`Wilmington, Delaware
`Monday, December 18, 2017
`9:03 o'clock, a.m.
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`BEFORE: HONORABLE RICHARD G. ANDREWS, U.S.D.C.J.
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`Valerie J. Gunning
`Official Court Reporter
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`1 of 50 sheets
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`Page 1 to 1 of 123
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`12/26/2017 09:00:42 AM
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`Case 1:16-cv-00455-RGA Document 404-1 Filed 02/23/18 Page 3 of 3 PageID #: 30634
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`MR. HANNAH: Your Honor, we have some
`housekeeping issues that we can kind of take care of,
`take some terms off the table based on the recent
`submission.
`THE COURT: All right. Tell me about this happy
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`news.
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`MR. HANNAH: It's indeed happy, Your Honor.
`So, again, we reiterated our position that, you
`know, these terms and all of the terms in the subsequent
`briefing, the plain and ordinary meaning should apply and
`that would resolve the parties' dispute. However, to the
`extent the Court wishes to construe these terms, we've
`agreed to the construction of term -- for term 10.
`THE COURT: Ten, yes.
`MR. HANNAH: 13 of the '344 patent and claim 13
`of the '966 patent.
`And --
`THE COURT: Wait a second. These are not terms
`that are for today. Right?
`MR. HANNAH: Term 10.
`THE COURT: Term 10 is, yes.
`MR. HANNAH: Network. So network within the
`construct of claim 13 of the '344 patent we would agree
`would be each of the broadcast channels.
`THE COURT: Wait. Is term 13 on today's list?
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`channel within a network.
`THE COURT: Yes.
`MR. HANNAH: We would agree that defendant's
`proposed construction, which is a computer-readable medium
`containing instructions that control communications of a
`participant of a broadcast channel within a network that
`does not use routing tables, we would agree with that
`construction for claim, for term 24, which is claim 19 of
`the '634 patent.
`THE COURT: I'm sorry. Did the defendant's
`proposal change somewhere in the middle of the briefing?
`MR. HANNAH: Your Honor asked for supplemental
`briefing, I mean supplemental positions from the defendants,
`and to the extent that the term is not found.
`THE COURT: Okay.
`MR. HANNAH: And that was a submission on
`Friday. We haven't had a chance to respond to that and so
`we analyzed it over the weekend.
`THE COURT: All right. Yes. I'm not apparently
`sure I even saw that.
`All right. In any event, whatever is in
`defendant's letter, you agree with that?
`MR. HANNAH: Yes, which I just stated.
`THE COURT: Yes.
`MR. HANNAH: I mean, I say I agree to the
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`MR. HANNAH: I'm sorry if I misspoke. Term 10,
`and that only relates to claim 13 of the '344 patent.
`THE COURT: Oh, claim 13. Sorry. I'm getting
`claims and terms mixed up here. Okay.
`MR. HANNAH: I apologize Your Honor.
`THE COURT: All right. Term 10. I got that.
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`Network.
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`construction. I'm not agreeing to the positions that
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`they're taking.
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`THE COURT: All right. In any event, 24 is
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`resolved in your view?
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`MR. HANNAH: Correct. And then term 25. Now
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`I'm messing up claims and terms. Term 25, which is Claim 1
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`of the '069 patent. Again, defendants propose a
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`construction for the term, a computer-based, non-routing
`MR. HANNAH: Yes. So network within claim 13 of
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`table based, non-switched based method for adding a
`the '344 patent and claim 13 of the '966 patent. We would
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`participant to a network of participants. They proposed a
`agree that network, the plain and ordinary meaning is each
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`construction this last Friday, a computer-based method for
`of the broadcast channels that comports with Acceleration
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`adding a participant to a network of participants that does
`Based's understanding.
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`not use routing tables or switches. And we would agree to
`And then for term 24, that relates to claim 19
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`that construction for Claim 1 of the '069 patent.
`of the '634 patent.
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`THE COURT: Okay.
`THE COURT: Yes.
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`MR. HANNAH: But we met and conferred with the
`MR. HANNAH: We would agree that the preamble,
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`defendants and they were fine with taking these off the
`which is a computer based non-routing table based
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`table. However, they did wish me to inform the Court that
`non-switched based method for adding a participant to a
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`they preserve their indefiniteness arguments and would
`network of participants.
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`submit that on the briefing unless the Court had any
`THE COURT: All right. That's term 25.
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`questions regarding those terms this morning.
`MR. HANNAH: Term 25. I'm sorry. Let me go to
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`THE COURT: All right.
`term 24. Let's do this in order.
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`MR. HANNAH: And then with that, I believe the
`So term 24 is a non-routing table based
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`parties would just take the rest of the terms in order,
`computer-readable meaning controlling constructions for
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`controlling communications of a participant of abroad cast
`starting with term nine.
`3 of 50 sheets
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`12/26/2017 09:00:42 AM
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