Case 1:16-cv-00455-RGA Document 468 Filed 05/14/19 Page 1 of 5 PageID #: 33039
`
`IN THE UNITED STATES DISTRICT COURT
`FOR THE DISTRICT OF DELAWARE
`
`ACCELERATION BAY LLC,
`
`Plaintiff,
`
`v.
`
`TAKE-TWO INTERACTIVE SOFTWARE,
`INC., ROCKSTAR GAMES, INC. and
`2K SPORTS, INC.,
`
`Defendants.
`
`)
`)
`)
`)
`)
`)
`)
`)
`)
`)
`)
`
`C.A. No. 16-455 (RGA)
`
`REDACTED - PUBLIC VERSION
`Original Filing Date: April 26, 2019
`Redacted Filing Date: May 14, 2019
`
`DECLARATION OF JOE NETIKOSOL
`IN SUPPORT OF TAKE-TWO INTERACTIVE SOFTWARE, INC.,
`ROCKSTAR GAMES, INC., and 2K SPORTS, INC.’S OPENING BRIEF
`IN SUPPORT OF THIER MOTION FOR SUMMARY JUDGMENT
`
`I, Joe Netikosol, declare:
`
`1.
`
`I am an associate attorney with the law firm Winston & Strawn LLP, counsel of
`
`record for Take-Two Interactive Software, Inc., Rockstar Games, Inc., and 2K Sports, Inc.
`
`(“Defendants” or “Take Two”) for the above referenced matter.
`
`2.
`
`Attached as Exhibit A-1 is a true and correct copy of the expert report of Nenad
`
`Medvidović, Ph.D., regarding infringement by Take-Two of U.S. Patent Nos. 6,701,344;
`
`6,829,634; 6,714,966; and 6,732,147.
`
`3.
`
`Attached as Exhibit A-2 is a true and correct copy of the expert report of Michael
`
`Mitzenmacher, Ph.D., regarding infringement by Take-Two of U.S. Patent Nos. 6,920,497 and
`
`6,910,069.
`
`4.
`
`Attached as Exhibit A-3 is a true and correct copy of the supplemental opening
`
`expert report of Nenad Medvidović, Ph.D., regarding infringement by Take-Two of U.S. Patent
`
`Nos. 6,701,344; 6,829,634; 6,714,966; and 6,732,147.
`
`
`
`IN THE UNITED STATES DISTRICT COURT
`FOR THE DISTRICT OF DELAWARE
`
`ACCELERATION BAY LLC,
`
`Plaintiff,
`
`v.
`
`TAKE-TWO INTERACTIVE SOFTWARE,
`INC., ROCKSTAR GAMES, INC. and
`2K SPORTS, INC.,
`
`Defendants.
`
`)
`)
`)
`)
`)
`)
`)
`)
`)
`)
`)
`
`C.A. No. 16-455 (RGA)
`
`REDACTED - PUBLIC VERSION
`Original Filing Date: April 26, 2019
`Redacted Filing Date: May 14, 2019
`
`DECLARATION OF JOE NETIKOSOL
`IN SUPPORT OF TAKE-TWO INTERACTIVE SOFTWARE, INC.,
`ROCKSTAR GAMES, INC., and 2K SPORTS, INC.’S OPENING BRIEF
`IN SUPPORT OF THIER MOTION FOR SUMMARY JUDGMENT
`
`I, Joe Netikosol, declare:
`
`1.
`
`I am an associate attorney with the law firm Winston & Strawn LLP, counsel of
`
`record for Take-Two Interactive Software, Inc., Rockstar Games, Inc., and 2K Sports, Inc.
`
`(“Defendants” or “Take Two”) for the above referenced matter.
`
`2.
`
`Attached as Exhibit A-1 is a true and correct copy of the expert report of Nenad
`
`Medvidović, Ph.D., regarding infringement by Take-Two of U.S. Patent Nos. 6,701,344;
`
`6,829,634; 6,714,966; and 6,732,147.
`
`3.
`
`Attached as Exhibit A-2 is a true and correct copy of the expert report of Michael
`
`Mitzenmacher, Ph.D., regarding infringement by Take-Two of U.S. Patent Nos. 6,920,497 and
`
`6,910,069.
`
`4.
`
`Attached as Exhibit A-3 is a true and correct copy of the supplemental opening
`
`expert report of Nenad Medvidović, Ph.D., regarding infringement by Take-Two of U.S. Patent
`
`Nos. 6,701,344; 6,829,634; 6,714,966; and 6,732,147.
`
`
`
`Case 1:16-cv-00455-RGA Document 468 Filed 05/14/19 Page 2 of 5 PageID #: 33040
`
`5.
`
`Attached as Exhibit A-4 is a true and correct copy of the supplemental opening
`
`expert report of Michael Mitzenmacher, Ph.D., regarding infringement by Take-Two of U.S.
`
`Patent Nos. 6,920,497 and 6,910,069.
`
`6.
`
`Attached as Exhibit A-5 is a true and correct copy of the expert reply report of
`
`Nenad Medvidović, Ph.D., regarding infringement by Take-Two of U.S. Patent Nos. 6,701,344;
`
`6,829,634; 6,714,966; and 6,732,147.
`
`7.
`
`Attached as Exhibit A-6 is a true and correct copy of the expert reply report of
`
`Michael Mitzenmacher, Ph.D., regarding infringement by Take-Two of U.S. Patent Nos.
`
`6,920,497 and 6,910,069.
`
`8.
`
`Attached as Exhibit A-7 is a true and correct copy of Take Two Response to
`
`Plaintiff’s Common Interrogatory Nos. 5 and 9.
`
`A.
`
`Attached as Exhibit D-1 is a chart showing that the m-regular limitation was
`
`amended during prosecution for all the asserted ’344, ’966, and ’147 patent claims.
`
`9.
`
`Attached as Exhibit D-2 is a chart showing that the “list of neighbors of the first
`
`computer” limitation of the ’147 Patent, claim 1, was amended during prosecution.
`
`10.
`
`Attached as Exhibit E-1 is an excerpt of the true and correct copy of the
`
`deposition transcript of Dr. Eric Cole.
`
`11.
`
`Attached as Exhibit E-2 is an excerpt of the true and correct copy of the
`
`deposition transcript of Kevin Baca.
`
`12.
`
`Attached as Exhibit E-3 is an excerpt of the true and correct copy of the
`
`deposition transcript of John Hynd.
`
`13.
`
`Attached as Exhibit E-4 is an excerpt of the true and correct copy of the
`
`deposition transcript of Daniel Yelland.
`
`2
`
`
`
`Case 1:16-cv-00455-RGA Document 468 Filed 05/14/19 Page 3 of 5 PageID #: 33041
`
`14.
`
`Attached as Exhibit E-5 is an excerpt of the true and correct copy of the
`
`deposition transcript of Dr. Michael Mitzenmacher.
`
`15.
`
`Attached as Exhibit E-6 is an excerpt of the true and correct copy of the
`
`deposition transcript of Dr. Nenad Medvidović.
`
`16.
`
`Attached as Exhibit E-7 is an excerpt of the true and correct copy of the
`
`deposition transcript of Tim Walter.
`
`17.
`
`Attached as Exhibit E-8 is an excerpt of the true and correct copy of the
`
`deposition transcript of Chris Larson.
`
`18.
`
`Attached as Exhibit E-9 is an excerpt of the true and correct copy of the
`
`deposition transcript of Evan Harsha.
`
`19.
`
`Attached as Exhibit F-1 is a true and correct excerpt copy of the September 15,
`
`2003 amendment from the file history of the ’344 patent, annotated to show the arguments
`
`related to the claim.
`
`20.
`
`Attached as Exhibit F-2 is a true and correct copy of the September 15, 2003
`
`amendment from the file history of the ’966 patent, annotated to show the arguments related to
`
`the claim.
`
`21.
`
`Attached as Exhibit F-3 is a true and correct copy of the December 17, 2003
`
`amendment from the file history of the ’147 patent, annotated to show the arguments related to
`
`the claim.
`
`22.
`
`Attached as Exhibit F-4 is a true and correct copy of the June 21, 2004
`
`amendment from the file history of the ’497 patent, annotated to show the amendments and
`
`arguments related to the claim.
`
`3
`
`
`
`Case 1:16-cv-00455-RGA Document 468 Filed 05/14/19 Page 4 of 5 PageID #: 33042
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`23.
`
`Attached as Exhibit F-5 is an excerpt of the true and correct copy of the ’147
`
`Patent Owner Preliminary Response (IPR2016-00747, Pap. 11).
`
`24.
`
`Attached as Exhibit F-6 is an excerpt of the true and correct copy of the ’344
`
`Patent Owner Preliminary Response (IPR2015-01970, Pap. 6), annotated to show related
`
`arguments made by the patentee.
`
`25.
`
`Attached as Exhibit F-7 is an excerpt of the true and correct copy of the ’966
`
`Patent Owner Preliminary Response (IPR2015-01951, Pap. 8), annotated to show related
`
`arguments made by the patentee.
`
`26.
`
`Attached as Exhibit F-8 is an excerpt of the true and correct copy of the ’069
`
`Patent Owner Preliminary Response (IPR2017-01600, Pap. 8), annotated to show related
`
`arguments made by the patentee.
`
`27.
`
`Attached as Exhibit F-9 is a true and correct copy of the document bearing Bates
`
`no. MS/SUB ACCELERATIONBAY 000105-112, entitled (“Microsoft Winsock Overview”),
`
`annotated to show portions related to Defendants arguments in the brief.
`
`28.
`
`Attached as Exhibit F-10 is a true and correct copy of the document bearing Bates
`
`no. MSFT/SUB ACCELERATIONBAY 000160-165 (entitled “Durango Teredo NAT detection
`
`handoff”)
`
`29.
`
`Attached as Exhibit F-11 is a true and correct copy of the Frankel-Tomasulo
`
`Correspondence from April 4, 2019 to April 18, 2019
`
`I declare under penalty of perjury that the foregoing is true and correct. Executed this
`
`26th day of April 2019, in Los Angeles, California.
`
`
`
`
`
`
`
`
`
`
`
`
`
`/s/ Joe Netikosol
`
`Joe Netikosol
`
`
`
`
`
`
`
`
`
`4
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`
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`Case 1:16-cv-00455-RGA Document 468 Filed 05/14/19 Page 5 of 5 PageID #: 33043
`
`CERTIFICATE OF SERVICE
`
`I hereby certify that on May 14, 2019, I caused the foregoing to be electronically
`
`filed with the Clerk of the Court using CM/ECF, which will send notification of such filing to all
`
`registered participants.
`
`I further certify that I caused copies of the foregoing document to be served
`
`on May 14, 2019, upon the following in the manner indicated:
`
`Philip A. Rovner, Esquire
`Jonathan A. Choa, Esquire
`POTTER ANDERSON & CORROON LLP
`1313 North Market Street
`Hercules Plaza, 6th Floor
`Wilmington, DE 19801
`Attorneys for Plaintiff
`
`Paul J. Andre, Esquire
`Lisa Kobialka, Esquire
`James R. Hannah, Esquire
`Hannah Lee, Esquire
`Yuridia Caire, Esquire
`Greg Proctor, Esquire
`KRAMER KEVIN NAFTALIS & FRANKEL LLP
`990 Marsh Road
`Menlo Park, CA 94025
`Attorneys for Plaintiff
`
`Aaron M. Frankel, Esquire
`Marcus A. Colucci, Esquire
`Cristina Martinez, Esquire
`KRAMER LEVIN NAFTALIS & FRANKEL LLP
`1177 Avenue of the Americas
`New York, NY 10036
`Attorneys for Plaintiff
`
`VIA ELECTRONIC MAIL
`
`VIA ELECTRONIC MAIL
`
`VIA ELECTRONIC MAIL
`
`/s/ Stephen J. Kraftschik
`_______________________________________
`Stephen J. Kraftschik (#5623)
`
`
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