Case 1:16-cv-00455-RGA Document 44-2 Filed 02/13/17 Page 1 of 13 PageID #: 2241
`Case 1:16-cv-00455-RGA Document 44-2 Filed 02/13/17 Page 1 of 13 PagelD #: 2241
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`EXHIBIT B
`EXHIBIT B
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`Case 1:16-cv-00455-RGA Document 44-2 Filed 02/13/17 Page 2 of 13 PagelD #: 2242
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`AO 88A (Rev. 02/14) Subpoenato Testify at a Deposition in a Civil Action
`
`UNITED STATES DISTRICT COURT
`for the
`District of Delaware
`
`Acceleration Bay LLC,
`Plaintiff
`V.
`
`;
`
`Activision Blizzard, Inc., Electronic Arts Inc.,
`Take-Two Interactive Softwareinc., et al.,
`Oe Defendant -
`-
`
`eeeoaaoSa
`
`Civil Action No.
`
`16-453, 16-454, 16-455-RGA
`
`SUBPOENA TO TESTIFY AT A DEPOSITIONIN A CIVIL ACTION
`
`To:
`
`Microsoft Corporation, c/o Corporation Service Company,
`300 Deschutes Way SW #304, Tumwater, Washington 98501
`(Name ofperson to whomthis subpoenais directed)
`of Testimony: YOU ARE COMMANDEDto appearat the time, date, and place set forth below totestify at a
`deposition to be taken in this civil action. If you are an organization, you must designate one or more officers, directors,
`or managing agents, or designate other persons who consentto testify on your behalf about the following matters, or
`those set forth in an attachment:
`See Attachment A.
`
`/
`Place: Esquire Deposition Solutions
`702 Fifth Avenue, Columbia Center, Suite 4200
`Seattle, WA 98104
`
`The deposition will be recorded by this method:
`
`_
`©
`| Date and Time:
`.
`03/16/2017 9:00 am
`|
`stenographer and videographer
`
`O Production: You, or your representatives, must also bring with you to the deposition the following documents,
`electronically stored information, or objects, and must permit inspection, copying, testing, or sampling of the
`material:
`
`The following provisions of Fed. R. Civ. P. 45 are attached — Rule 45(c), relating to the place of compliance;
`Rule 45(d), relating to your protection as a person subject to a subpoena; and Rule 45(e) and(g), relating to your duty to
`respond to this subpoena and the potential consequencesof not doing so.
`
`Date:
`
`02/13/2017
`
`CLERK OF COURT
`
`OR
`
`Signature ofClerkorDeputyClerk Attorney's signature
`
`Plaintiff —
`The name, address, e-mail address, and telephone numberofthe attorney representing (name ofparty)
`Acceleration Bay LLC
`____, whoissuesor requests this subpoena, are:
`Philip Rovner, Potter Anderson,1313 N. Market St. Wilmington, DE 19801, provner@potteranderson.com, 302-984-6140
`
`Notice to the person whoissues or requests this subpoena
`
`

`

`Case 1:16-cv-00455-RGA Document 44-2 Filed 02/13/17 Page 3 of 13 PageID #: 2243
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`AO 88A (Rev. 02/14) Subpoena to Testify at a Deposition in a Civil Action (Page 2)
`
`Civil Action No.
`
`16-453, 16-454, 16-455-RGA
`
`PROOF OF SERVICE
`(This section should not be filed with the court unless required by Fed. R. Civ. P. 45.)
`
`I received this subpoena for (name of individual and title, if any)
`.
`
`on (date)
`
`(cid:117) I served the subpoena by delivering a copy to the named individual as follows:
`
`(cid:117) I returned the subpoena unexecuted because:
`
`on (date)
`
`; or
`
`Unless the subpoena was issued on behalf of the United States, or one of its officers or agents, I have also
`tendered to the witness the fees for one day’s attendance, and the mileage allowed by law, in the amount of
`$
`.
`
`My fees are $
`
`for travel and $
`
`for services, for a total of $
`
`0.00
`
`.
`
`.
`
`I declare under penalty of perjury that this information is true.
`
`Date:
`
`Additional information regarding attempted service, etc.:
`
`Server’s signature
`
`Printed name and title
`
`Server’s address
`
`

`

`Case 1:16-cv-00455-RGA Document 44-2 Filed 02/13/17 Page 4 of 13 PageID #: 2244
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`AO 88A (Rev. 02/14) Subpoena to Testify at a Deposition in a Civil Action (Page 3)
`Federal Rule of Civil Procedure 45 (c), (d), (e), and (g) (Effective 12/1/13)
`(i) disclosing a trade secret or other confidential research, development,
`or commercial information; or
`(ii) disclosing an unretained expert’s opinion or information that does
`not describe specific occurrences in dispute and results from the expert’s
`study that was not requested by a party.
`(C) Specifying Conditions as an Alternative. In the circumstances
`described in Rule 45(d)(3)(B), the court may, instead of quashing or
`modifying a subpoena, order appearance or production under specified
`conditions if the serving party:
`(i) shows a substantial need for the testimony or material that cannot be
`otherwise met without undue hardship; and
`(ii) ensures that the subpoenaed person will be reasonably compensated.
`
`(c) Place of Compliance.
`
` (1) For a Trial, Hearing, or Deposition. A subpoena may command a
`person to attend a trial, hearing, or deposition only as follows:
` (A) within 100 miles of where the person resides, is employed, or
`regularly transacts business in person; or
` (B) within the state where the person resides, is employed, or regularly
`transacts business in person, if the person
` (i) is a party or a party’s officer; or
` (ii) is commanded to attend a trial and would not incur substantial
`expense.
`
` (2) For Other Discovery. A subpoena may command:
` (A) production of documents, electronically stored information, or
`tangible things at a place within 100 miles of where the person resides, is
`employed, or regularly transacts business in person; and
` (B) inspection of premises at the premises to be inspected.
`
`(d) Protecting a Person Subject to a Subpoena; Enforcement.
`
` (1) Avoiding Undue Burden or Expense; Sanctions. A party or attorney
`responsible for issuing and serving a subpoena must take reasonable steps
`to avoid imposing undue burden or expense on a person subject to the
`subpoena. The court for the district where compliance is required must
`enforce this duty and impose an appropriate sanction—which may include
`lost earnings and reasonable attorney’s fees—on a party or attorney who
`fails to comply.
`
` (2) Command to Produce Materials or Permit Inspection.
`(A) Appearance Not Required. A person commanded to produce
`documents, electronically stored information, or tangible things, or to
`permit the inspection of premises, need not appear in person at the place of
`production or inspection unless also commanded to appear for a deposition,
`hearing, or trial.
`(B) Objections. A person commanded to produce documents or tangible
`things or to permit inspection may serve on the party or attorney designated
`in the subpoena a written objection to inspecting, copying, testing, or
`sampling any or all of the materials or to inspecting the premises—or to
`producing electronically stored information in the form or forms requested.
`The objection must be served before the earlier of the time specified for
`compliance or 14 days after the subpoena is served. If an objection is made,
`the following rules apply:
`(i) At any time, on notice to the commanded person, the serving party
`may move the court for the district where compliance is required for an
`order compelling production or inspection.
` (ii) These acts may be required only as directed in the order, and the
`order must protect a person who is neither a party nor a party’s officer from
`significant expense resulting from compliance.
`
` (3) Quashing or Modifying a Subpoena.
`
`(A) When Required. On timely motion, the court for the district where
`compliance is required must quash or modify a subpoena that:
`
` (i) fails to allow a reasonable time to comply;
`(ii) requires a person to comply beyond the geographical limits
`specified in Rule 45(c);
`(iii) requires disclosure of privileged or other protected matter, if no
`exception or waiver applies; or
`(iv) subjects a person to undue burden.
`(B) When Permitted. To protect a person subject to or affected by a
`subpoena, the court for the district where compliance is required may, on
`motion, quash or modify the subpoena if it requires:
`
`(e) Duties in Responding to a Subpoena.
`
` (1) Producing Documents or Electronically Stored Information. These
`procedures apply to producing documents or electronically stored
`information:
`(A) Documents. A person responding to a subpoena to produce documents
`must produce them as they are kept in the ordinary course of business or
`must organize and label them to correspond to the categories in the demand.
`(B) Form for Producing Electronically Stored Information Not Specified.
`If a subpoena does not specify a form for producing electronically stored
`information, the person responding must produce it in a form or forms in
`which it is ordinarily maintained or in a reasonably usable form or forms.
`(C) Electronically Stored Information Produced in Only One Form. The
`person responding need not produce the same electronically stored
`information in more than one form.
`(D) Inaccessible Electronically Stored Information. The person
`responding need not provide discovery of electronically stored information
`from sources that the person identifies as not reasonably accessible because
`of undue burden or cost. On motion to compel discovery or for a protective
`order, the person responding must show that the information is not
`reasonably accessible because of undue burden or cost. If that showing is
`made, the court may nonetheless order discovery from such sources if the
`requesting party shows good cause, considering the limitations of Rule
`26(b)(2)(C). The court may specify conditions for the discovery.
`
`(2) Claiming Privilege or Protection.
`(A) Information Withheld. A person withholding subpoenaed information
`under a claim that it is privileged or subject to protection as trial-preparation
`material must:
`(i) expressly make the claim; and
`(ii) describe the nature of the withheld documents, communications, or
`tangible things in a manner that, without revealing information itself
`privileged or protected, will enable the parties to assess the claim.
`(B) Information Produced. If information produced in response to a
`subpoena is subject to a claim of privilege or of protection as
`trial-preparation material, the person making the claim may notify any party
`that received the information of the claim and the basis for it. After being
`notified, a party must promptly return, sequester, or destroy the specified
`information and any copies it has; must not use or disclose the information
`until the claim is resolved; must take reasonable steps to retrieve the
`information if the party disclosed it before being notified; and may promptly
`present the information under seal to the court for the district where
`compliance is required for a determination of the claim. The person who
`produced the information must preserve the information until the claim is
`resolved.
`
`(g) Contempt.
`The court for the district where compliance is required—and also, after a
`motion is transferred, the issuing court—may hold in contempt a person
`who, having been served, fails without adequate excuse to obey the
`subpoena or an order related to it.
`
`For access to subpoena materials, see Fed. R. Civ. P. 45(a) Committee Note (2013).
`
`

`

`Case 1:16-cv-00455-RGA Document 44-2 Filed 02/13/17 Page 5 of 13 PageID #: 2245
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`ATTACHMENT A
`
`INSTRUCTIONS AND DEFINITIONS
`
`1.
`
`Pursuant to Rule 30(b)(6), You shall designate one or more officers, directors,
`
`managing agents or other persons who are most knowledgeable concerning each of the topics set
`
`forth below. In addition, You are requested to provide Plaintiff’s counsel with written notice, at
`
`least one week in advance of the deposition, of the name and employment position of each
`
`designee who will testify on Your behalf, and the topics set forth below as to which each
`
`designee has agreed to testify.
`
`2.
`
`If any request, instruction or definition is ambiguous or unclear to you, you are
`
`requested to contact the undersigned counsel for clarification as soon as possible to avoid
`
`unnecessary delays in discovery.
`
`3.
`
`The terms “Plaintiff” and “Acceleration Bay” shall mean Plaintiff Acceleration
`
`Bay LLC, its present and former directors, officers, employees, parent organization(s),
`
`subsidiary organization(s), predecessors in interest, successors in interest, divisions, servants,
`
`agents, attorneys, consultants, partners, associates, investigators, representatives, accountants,
`
`financial advisors, distributors and any other person acting on its behalf, pursuant to its
`
`authority or subject to its control.
`
`4.
`
`The term “Activision” shall mean Activision Blizzard, Inc., its present and
`
`former directors, officers, employees, parent organization(s), subsidiary organization(s),
`
`predecessors in interest, successors in interest, divisions, servants, agents, attorneys, consultants,
`
`partners, associates, investigators, representatives, accountants, financial advisors, distributors
`
`and any other person acting on its behalf, pursuant to its authority or subject to its control,
`
`including any and all joint ventures or other legal entities of any type whatsoever in which
`
`
`
`1
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`

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`Case 1:16-cv-00455-RGA Document 44-2 Filed 02/13/17 Page 6 of 13 PageID #: 2246
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`Activision owns or owned any interest, receives or received any payments and/or participated or
`
`now participates in any manner.
`
`5.
`
`The term “EA” shall mean Electronic Arts Inc., its present and former directors,
`
`officers, employees, parent organization(s), subsidiary organization(s), predecessors in interest,
`
`successors in interest, divisions, servants, agents, attorneys, consultants, partners, associates,
`
`investigators, representatives, accountants, financial advisors, distributors and any other person
`
`acting on its behalf, pursuant to its authority or subject to its control, including any and all joint
`
`ventures or other legal entities of any type whatsoever in which EA owns or owned any interest,
`
`receives or received any payments and/or participated or now participates in any manner.
`
`6.
`
`The term “Take Two” shall mean Take-Two Interactive Software, Inc.,
`
`Rockstar Games, Inc., and 2K Sports, Inc., both jointly and singularly, their present and
`
`former directors, officers, employees, parent organization(s), subsidiary organization(s),
`
`predecessors in interest, successors in interest, divisions, servants, agents, attorneys,
`
`consultants, partners, associates, investigators, representatives, accountants, financial
`
`advisors, distributors, and any other person acting on their behalf, pursuant to their authority
`
`or subject to their control, including any and all joint ventures or other legal entities of any
`
`type whatsoever in which Take Two own or owned any interest, receive or received any
`
`payments and/or participated or now participates in any manner.
`
`7.
`
`8.
`
`The term “Defendants” shall mean Activision, EA and Take Two.
`
`The terms “You,” “Your” and “Microsoft” shall mean Microsoft Corporation,
`
`its present and former directors, officers, employees, parent organization(s), subsidiary
`
`organization(s), predecessors in interest, successors in interest, divisions, servants, agents,
`
`attorneys, consultants, partners, associates, investigators, representatives, accountants, financial
`
`
`
`2
`
`

`

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`advisors, distributors and any other person acting on its behalf, pursuant to its authority or
`
`subject to its control, including any and all joint ventures or other legal entities of any type
`
`whatsoever in which You own or owned any interest, receives or received any payments and/or
`
`participated or now participates in any manner.
`
`9.
`
`The term “Accused Games” shall mean as to Activision, Call of Duty: Infinite
`
`Warfare for both Windows and Xbox devices, Call of Duty: Modern Warfare Re-mastered for
`
`both Windows and Xbox devices, Call of Duty: Advanced Warfare for both Windows and Xbox
`
`devices, Call of Duty: Black Ops III for both Windows and Xbox devices, World of Warcraft:
`
`Legion for Windows and Destiny for Xbox devices, World of Warcraft for Windows and
`
`Destiny for Xbox devices; as to EA, Crysis 3 for both Windows and Xbox devices, FIFA 15 for
`
`both Windows and Xbox devices, FIFA 16 for both Windows and Xbox devices, FIFA 17 for
`
`both Windows and Xbox devices, NHL 15 for Xbox devices, NHL 16 for Xbox devices, NHL
`
`17 for Xbox devices, Plants v. Zombies: Garden Warfare for both Windows and Xbox devices,
`
`Plants v. Zombies: Garden Warfare 2 for both Windows and Xbox devices, Rory McIlroy PGA
`
`Tour and Tiger Woods PGA Tour 14 for Xbox devices; and as to Take-Two, Grand Theft Auto
`
`V and Grand Theft Auto Online, NBA 2K15, NBA 2K16, and NBA 2K17 for both Windows
`
`and Xbox devices. “Accused Games” further include all of the associated expansions, updates,
`
`patches and continuations
`
`10.
`
`The term “Microsoft SDKs and/or APIs” shall mean all of the versions of the
`
`SDKs and/or APIs used for or with the Accused Games going back to 2014.
`
`11.
`
`The term “MultiPlayer Functionality” shall mean functionality used to exchange
`
`data between multiple participants in a game.
`
`
`
`3
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`

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`12.
`
`The term “MultiServer Functionality” shall mean functionality used to exchange
`
`data between a network of servers.
`
`13.
`
`The term “MultiPlayer Networks” shall mean networks, software and
`
`hardware used to provide, support or enable peer to peer functionality and/or MultiPlayer
`
`Functionality in any Accused Game.
`
`14.
`
`The term “MultiServer Networks” shall mean networks, software and hardware
`
`used to provide, support or enable MultiServer Functionality in any Accused Game.
`
`15.
`
`The term “’344 Patent” shall mean United States Patent No. 6,701,344 entitled
`
`“Distributed Game Environment,” the application leading to this patent and any related patent
`
`application, including any WIPO, EPO or other foreign counterpart application or patents, any
`
`continuations, continuations in part, divisionals, reissues, reexaminations, extensions or parents
`
`thereof.
`
`16.
`
`The term “’966 Patent” shall mean United States Patent No. 6,714,966 entitled
`
`“Information Delivery Service,” the application leading to this patent and any related patent
`
`application, including any WIPO, EPO or other foreign counterpart application or patents, any
`
`continuations, continuations in part, divisionals, reissues, reexaminations, extensions or parents
`
`thereof.
`
`17.
`
`The term “’147 Patent” shall mean United States Patent No. 6,732,147 entitled
`
`“Leaving a Broadcast Channel,” the application leading to this patent and any related patent
`
`application, including any WIPO, EPO or other foreign counterpart application or patents, any
`
`continuations, continuations in part, divisionals, reissues, reexaminations, extensions or parents
`
`thereof.
`
`
`
`4
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`

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`18.
`
`The term “’634 Patent” shall mean United States Patent No. 6,829,634 entitled
`
`“Broadcasting Network,” the application leading to this patent and any related patent
`
`application, including any WIPO, EPO or other foreign counterpart application or patents, any
`
`continuations, continuations in part, divisionals, reissues, reexaminations, extensions or parents
`
`thereof.
`
`19.
`
`The term “’069 Patent” shall mean United States Patent No. 6,910,069 entitled
`
`“Joining a Broadcast Channel,” the application leading to this patent and any related patent
`
`application, including any WIPO, EPO or other foreign counterpart application or patents, any
`
`continuations, continuations in part, divisionals, reissues, reexaminations, extensions or parents
`
`thereof.
`
`20.
`
`The term “’497 Patent” shall mean United States Patent No. 6,920,497 entitled
`
`“Joining a Broadcast Channel,” the application leading to this patent and any related patent
`
`application, including any WIPO, EPO or other foreign counterpart application or patents, any
`
`continuations, continuations in part, divisionals, reissues, reexaminations, extensions or parents
`
`thereof.
`
`21.
`
`The term “Patents-in-Suit” refers collectively to the '344 Patent, ‘966 Patent,
`
`‘147 Patent, ‘634 Patent, ‘069 Patent and '497 Patent.
`
`22.
`
`The term “SWAN technology” shall mean the peer-to-peer technology that
`
`embodies the Patents-in-Suit and is developed by The Boeing Company.
`
`23.
`
`The term “document” shall mean all “writings” and “recordings” as those
`
`terms are defined in Fed. R. Civ. P. 34(a) and Fed. R. Evid. 1001 as well as any writing or
`
`recording of any type, whether written, printed, transcribed, recorded (mechanically or
`
`electronically) or reproduced by hand, including, but not limited to, all letters,
`
`
`
`5
`
`

`

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`correspondence, facsimiles, e-mail, telegrams, transcriptions and records of telephone
`
`conversations, memoranda, notes, records, reports, statements, minutes, communications,
`
`slide presentations, microfilm, microfiche, tape recordings, videotapes, photographs, studies,
`
`policy manuals and statements, books, plans, analyses, computer records, runs, programs,
`
`software and any code(s) necessary to comprehend the same, test plans, test results,
`
`notebooks, diaries, agreements, contracts, purchase orders, invoices, advertisements,
`
`marketing materials, offer letters, beta site testing agreements, third party or joint development
`
`agreements, bills, statements and any other written, printed, typed, recorded or graphic matter,
`
`however produced or recorded, including copies and drafts of same, and any handwritten or
`
`typewritten notes of any kind thereon or attached thereto. The term “document” shall also
`
`include all technical documents, defined as source code, specifications, schematics, flow
`
`charts, artwork, drawing, pictures, pictorial representations, formulas, troubleshooting guides,
`
`service bulletins, technical bulletins, production specification sheets, white papers, operator
`
`manuals, operation manuals, instruction manuals and all other documents sufficient to show
`
`the operation of any aspects or elements of Your products which includes all past and present
`
`releases, revisions, versions and upgrades.
`
`24.
`
`25.
`
`The term “thing” shall mean any tangible object, other than a document.
`
`The term “communication” shall mean every manner or method of disclosure,
`
`transfer or exchange of information, whether orally or by document, and whether face to face,
`
`by telephone, mail, e-mail, facsimile, personal delivery or through another medium, including,
`
`but not limited to, discussions, conversations, negotiations, conferences, meetings, speeches,
`
`memoranda, letters, correspondence, notes, statements or questions.
`
`
`
`6
`
`

`

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`26.
`
`The terms “concerning,” “relating to,” “relate to,” “refer to” and “referring
`
`to” mean alluding to, responding to, connected with, commenting on, in respect of, about,
`
`regarding, discussing, showing, identifying, describing, mentioning, reflecting, analyzing,
`
`comprising, constituting, evidencing, supporting, refuting, contradicting, memorializing,
`
`pertaining to, bearing upon or illuminating the subject matter into which inquiry is made.
`
`27.
`
`The words “and” and “or” shall be construed conjunctively or disjunctively in a
`
`manner making the request inclusive rather than exclusive.
`
`28.
`
`The singular of any word or phrase shall include the plural of such word or
`
`phrase, and the plural of any word or phrase shall include the singular of such word or phrase.
`
`The term “all” shall mean “any and all” and the term “any” shall mean “any and all.”
`
`TOPICS PURSUANT TO FED. R. CIV. P. 30(b)(6)
`
`1.
`
`MultiPlayer Functionality offered by the Microsoft SDKs and/or APIs, including
`
`the different options for providing MultiPlayer Functionality offered by the Microsoft SDKs
`
`and/or APIs.
`
`2.
`
`MultiServer Functionality offered by the Microsoft SDKs and/or APIs, including
`
`the different options for providing MultiServer Functionality offered by the Microsoft SDKs
`
`and/or APIs.
`
`3.
`
`The operation, features, structure, protocols and design of any MultiPlayer
`
`Networks used to provide MultiPlayer Functionality in connection with the Microsoft SDKs
`
`and/or APIs.
`
`4.
`
`The operation, features, structure, protocols and design of any MultiServer
`
`Networks used to provide MultiServer Functionality in connection with the Microsoft SDKs
`
`and/or APIs.
`
`
`
`7
`
`

`

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`5.
`
`The topology of MultiPlayer Networks and MultiServer Networks offered by the
`
`Microsoft SDKs and/or APIs, including if any such networks are peer-to-peer networks and how
`
`the participants in the networks are connected.
`
`6.
`
`The technical aspects of and process for adding and dropping a player to a
`
`MultiPlayer Network or a server to a MultiServer Network based on the Microsoft SDKs and/or
`
`APIs.
`
`7.
`
`The network structure and topology for the MultiPlayer Networks and
`
`MultiServer Networks based on the Microsoft SDKs and/or APIs, including (i) the minimum and
`
`maximum number of participants, (ii) the minimum and maximum number of other participants
`
`with whom a participant can directly communicate, (iii) if the network is regular, (iv) if the
`
`network is a non-complete graph, (v) if messages exchanged between participants are numbered
`
`so that data received out of order can be queued and rearranged, (vi) the use of servers or
`
`computers to facilitate communication between participants, (vii) the technical aspects of and
`
`process of identifying and selecting communication ports for communication between
`
`participants, (viii) whether and how flooding is used with each network, and (ix) whether and
`
`how load balancing is performed by each network.
`
`8.
`
`The identity, location and ownership of each server, client or computer used to
`
`host, facilitate or provide MultiPlayer Networks or MultiServer Networks for the Accused
`
`Games.
`
`9.
`
`The manner in which You organize the source code for the Microsoft SDK
`
`relating to MultiPlayer Functionality, MultiPlayer Networks, MultiServer Functionality and
`
`MultiServer Networks, including the identities and organization of the components or modules
`
`of source code providing such functionality.
`
`
`
`8
`
`

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`10.
`
`Your first awareness of the Asserted Patents and SWAN technology, including
`
`any discussions between You and The Boeing Company or any other third party regarding
`
`licensing SWAN technology.
`
`11.
`
`Payments from Defendants to You related to the Accused Games, including
`
`licensing fees.
`
`12.
`
`Studies, surveys or analyses describing the relative use or popularity of
`
`multiplayer functionality.
`
`13.
`
`Identification of all licensing agreements between You and any third party
`
`regarding patents, proprietary technology, or know-how related to MultiPlayer Functionality,
`
`MultiServer Functionality, MultiPlayer Networks, MultiServer Networks, or the Asserted
`
`Patents.
`
`14.
`
`The identity and location of the persons likely to have knowledge of the foregoing
`
`topics.
`
`topics.
`
`
`
`
`
`
`
`15.
`
`The identity and location of documents and things pertaining to the foregoing
`
`9
`
`