`
`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.
`
`DECLARATION OF PAUL J. ANDRE IN SUPPORT OF PLAINTIFF
`ACCELERATION BAY LLC’S REPLY BRIEF IN SUPPORT OF
`ITS SUMMARY JUDGMENT AND DAUBERT MOTIONS
`
`PUBLIC VERSION
`
`March 16, 2018
`
`
`
`Case 1:16-cv-00455-RGA Document 414 Filed 03/16/18 Page 2 of 3 PageID #: 31299
`
`I, Paul J. Andre, 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’s Reply Brief in Support of its Summary Judgment
`
`and Daubert Motions.
`
`2.
`
`Attached hereto as Exhibit 103 is a true and correct copy of pages iii and iv from
`
`the Petition for Inter Partes Review from Activision Blizzard, Inc. v. Acceleration Bay LLC, Case
`
`IPR2015-01970, Paper 2 (P.T.A.B. Sept. 25, 2015).
`
`3.
`
`Attached hereto as Exhibit 104 is a true and correct copy of pages ii and iii from
`
`the Petition for Inter Partes Review from Activision Blizzard, Inc. v. Acceleration Bay LLC, Case
`
`IPR2016-00724, Paper 2 (P.T.A.B. March 11, 2016).
`
`4.
`
`Attached hereto as Exhibit 105 is a true and correct copy of pages 137, 138, 140,
`
`182-184, 215, 216, 243-45, and 403-05 from Expert Report of David R. Karger, Ph.D. Regarding
`
`Invalidity of Certain Claims from U.S. Patent Nos. 6,701,344, 6,714,966, 6,829,634, 6,910,069,
`
`6,732,147, and 6,920,497, dated September 25, 2017.
`
`5.
`
`Attached hereto as Exhibit 106 is a true and correct copy of pages 12-14 from the
`
`Petition for Inter Partes Review from Activision Blizzard, Inc. v. Acceleration Bay LLC, Case
`
`IPR2016-00747, Paper 2 (P.T.A.B. March 12, 2016).
`
`6.
`
`Attached hereto as Exhibit 107 is a true and correct copy of pages 50, 56 and 57
`
`from the Declaration of David R. Karger in Support of the Petition for Inter Partes Review of
`
`U.S. Patent Nos. 6,732,147 and 6,910,069 from Activision Blizzard, Inc. v. Acceleration Bay
`
`LLC, Case IPR2016-00747 (P.T.A.B. March 11, 2016).
`
`1
`
`
`
`Case 1:16-cv-00455-RGA Document 414 Filed 03/16/18 Page 3 of 3 PageID #: 31300
`
`7.
`
`Attached hereto as Exhibit 108 is a true and correct copy of pages 43-46 from
`
`Chart C of Acceleration Bay LLC’s Initial Claim Charts, dated March 2, 2016.
`
`8.
`
`Attached hereto as Exhibit 109 is a true and correct copy of pages 120-123 from
`
`the transcript of the deposition of Daniel Kegel, taken on October 23, 2017.
`
`9.
`
`Attached hereto as Exhibit 110 is a true and correct copy of page 74 from the
`
`transcript of the deposition of Michael Mitzenmacher, Ph.D., taken on January 5, 2018.
`
`10.
`
`Attached hereto as Exhibit 111 is a true and correct copy of pages 64, 65, 190,
`
`192, 277 and 278 from the Expert Report of Dr. John P.J. Kelly Regarding Non-Infringement of
`
`U.S. Patent Nos. 6,701,344; 6,829,634; 6,714,966; and 6,920,497, dated November 13, 2017.
`
`11.
`
`Attached hereto as Exhibit 112 is a true and correct copy of page 257 from the
`
`transcript of the deposition of Dr. Nenad Medvidović, taken on January 12, 2018.
`
`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 9, 2018, in Menlo Park, California.
`
`/s/ Paul J. Andre
` Paul J. Andre
`
`
`
`2
`
`
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