Case 1:16-cv-00455-RGA Document 487-1 Filed 02/05/20 Page 1 of 13 PageID #: 34294
`
`IN THE UNITED STATES DISTRICT COURT
`FOR THE DISTRICT OF DELAWARE
`
`C.A. No. 16-455-RGA
`
`May contain CONFIDENTIAL –
`OUTSIDE COUNSEL ONLY
`information
`
`))))))))))))
`
`ACCELERATION BAY LLC, a Delaware
`Limited Liability Corporation,
`
`Plaintiff,
`
`v.
`
`TAKE-TWO INTERACTIVE SOFTWARE,
`INC., ROCKSTAR GAMES, INC., and 2K
`SPORTS, INC., Delaware Corporations,
`
`Defendants.
`
`PLAINTIFF ACCELERATION BAY LLC'S NOTICE OF
`30(b)(6) DEPOSITION OF DEFENDANTS TAKE TWO INTERACTIVE
`SOFTWARE, INC., ROCKSTAR GAMES, INC. AND 2K SPORTS, INC.
`
`PLEASE TAKE NOTICE that pursuant to Rule 30(b)(6) of the Federal Rules of Civil
`
`Procedure, Plaintiff Acceleration Bay LLC will take, by and through its attorneys, the deposition
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`of Defendants Take Two Interactive Software Inc., Rockstar Games, Inc. and 2K Sports, Inc.
`
`The deposition will commence at 9:00 am on March 29, 2017 at the offices of Kramer
`
`Levin Naftalis & Frankel LLP at 990 Marsh Road, Menlo Park, CA 94025, or at such other time
`
`and place as counsel may mutually agree. The deposition will take place in accordance with the
`
`Federal Rules of Civil Procedure and the Local Rules of the United States District Court for the
`
`District of Delaware, and under oath and before a notary public or other officer authorized to
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`administer oaths under law. The deposition will be recorded by stenographic and/or audio-and-
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`videographic means, and will continue from day to day until completed.
`
`PLEASE TAKE FURTHER NOTICE that, pursuant to Rule 30(b)(6), Defendants shall
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`designate one or more officers, directors, managing agents or other persons who are most
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`knowledgeable concerning each of the topics set forth below.
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`In addition, Defendants are
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`

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`Case 1:16-cv-00455-RGA Document 487-1 Filed 02/05/20 Page 2 of 13 PageID #: 34295
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`requested to provide Plaintiff’s counsel with written notice, at least one week in advance of the
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`deposition, of the name and employment position of each designee who will testify on behalf of
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`Defendants, and the topics set forth below as to which each designee has agreed to testify.
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`DEFINITIONS AND INSTRUCTIONS
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`1.
`
`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
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`unnecessary delays in discovery.
`
`2.
`
`The term “Take Two” means Defendant Take Two Interactive Software, Inc. and
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`shall include its predecessors, successors, affiliates, subsidiaries, divisions, parents, assignees,
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`joint ventures, and each other person directly or indirectly, wholly or in part, owned or controlled
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`by it, and all present or
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`former partners, principals, employees, officers, agents,
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`legal
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`representatives, consultants or other persons acting or purporting to act on its behalf.
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`3.
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`The term “Rockstar Games” means Defendant Rockstar Games, Inc. and shall
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`include its predecessors, successors, affiliates, subsidiaries, divisions, parents, assignees, joint
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`ventures, and each other person directly or indirectly, wholly or in part, owned or controlled by
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`it, and all present or
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`former partners, principals, employees, officers, agents,
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`legal
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`representatives, consultants or other persons acting or purporting to act on its behalf.
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`4.
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`The term “2K Sports” means Defendant 2K Sports, Inc. and shall include its
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`predecessors, successors, affiliates, subsidiaries, divisions, parents, assignees, joint ventures, and
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`each other person directly or indirectly, wholly or in part, owned or controlled by it, and all
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`present or
`
`former partners, principals, employees, officers, agents,
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`legal
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`representatives,
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`consultants or other persons acting or purporting to act on its behalf.
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`2
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`Case 1:16-cv-00455-RGA Document 487-1 Filed 02/05/20 Page 3 of 13 PageID #: 34296
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`5.
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`The terms “You,” “Your,” and “Defendants” shall mean Take Two, Rockstar
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`Games and 2K Sports, both conjunctively and disjunctively.
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`6.
`
`The terms “Plaintiff” or “Acceleration Bay” mean Plaintiff Acceleration Bay LLC
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`and shall
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`include its predecessors, successors, affiliates, subsidiaries, divisions, parents,
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`assignees, joint ventures, and each other person directly or indirectly, wholly or in part, owned or
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`controlled by it, and all present or former partners, principals, employees, officers, directors,
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`agents, legal representatives, consultants or other persons acting or purporting to act on its
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`behalf.
`
`7.
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`The term “Accused Products” shall mean Grand Theft Auto multiplayer game
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`series, including but not limited to Grand Theft Auto Online and Grand Theft Auto V and
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`NBA 2K multiplayer game series, including but not limited to NBA 2K15, NBA 2K16
`
`and NBA 2K17. The term “Accused Products” shall also include all accused products
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`identified according to the schedule set forth in the Scheduling Order of the case, and all
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`current, previous, and currently contemplated versions, releases, or continuations of the
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`afore-mentioned products..
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`8.
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`The term “MultiPlayer Networks” shall mean networks, software and
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`hardware used to provide, support or enable peer to peer and/or multiple player functionality
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`in the Accused Products, including the transmission of multiplayer gameplay data, voice chat
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`(including without limitation VoIP), text chat and other exchanges of data between users of
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`the Accused Products.
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`9.
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`The term “’344 Patent” shall mean United States Patent No. 6,701,344 entitled
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`“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
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`3
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`

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`Case 1:16-cv-00455-RGA Document 487-1 Filed 02/05/20 Page 4 of 13 PageID #: 34297
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`continuations, continuations in part, divisionals, reissues, reexaminations, extensions or parents
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`thereof.
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`10.
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`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.
`
`11.
`
`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.
`
`12.
`
`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.
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`13.
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`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.
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`4
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`Case 1:16-cv-00455-RGA Document 487-1 Filed 02/05/20 Page 5 of 13 PageID #: 34298
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`14.
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`The term “’497 Patent” shall mean United States Patent No. 6,920,497 entitled
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`“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.
`
`15.
`
`The term “Patents-in-Suit” refers collectively to the '344 Patent, ‘966 Patent,
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`‘147 Patent, ‘634 Patent, ‘069 Patent and '497 Patent.
`
`16.
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`The term “document” shall mean all “writings” and “recordings” as those
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`terms are defined in Fed. R. Civ. P. 34(a) and Fed. R. Evid. 1001 as well as any writing or
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`recording of any type, whether written, printed,
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`transcribed,
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`recorded (mechanically or
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`electronically) or reproduced by hand, including, but not limited to, all letters, correspondence,
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`facsimiles, e-mail,
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`telegrams,
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`transcriptions
`
`and records of
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`telephone
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`conversations,
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`memoranda, notes, records, reports, statements, minutes, communications, slide presentations,
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`microfilm, microfiche, tape recordings, videotapes, photographs, studies, policy manuals and
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`statements, books, plans, analyses, computer records, runs, programs, software and any code(s)
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`necessary to comprehend the same, test plans, test results, notebooks, diaries, agreements,
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`contracts, purchase orders, invoices, advertisements, marketing materials, offer letters, beta site
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`testing agreements, third party or joint development agreements, bills, statements and any other
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`written, printed, typed, recorded or graphic matter, however produced or recorded, including
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`copies and drafts of same, and any handwritten or typewritten notes of any kind thereon or
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`attached thereto. The term “document” shall also include all technical documents, defined as
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`source code, specifications, schematics, flow charts, artwork, drawing, pictures, pictorial
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`representations,
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`formulas,
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`troubleshooting guides,
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`service bulletins,
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`technical bulletins,
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`5
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`Case 1:16-cv-00455-RGA Document 487-1 Filed 02/05/20 Page 6 of 13 PageID #: 34299
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`production specification sheets, white papers, operator manuals, operation manuals, instruction
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`manuals and all other documents sufficient to show the operation of any aspects or elements of
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`Your products which includes all past and present releases, revisions, versions and upgrades.
`
`17.
`
`18.
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`The term “thing” shall mean any tangible object, other than a document.
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`The term “communication” shall mean every manner or method of disclosure,
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`transfer or exchange of information, whether orally or by document, and whether face to face, by
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`telephone, mail, e-mail, facsimile, personal delivery or through another medium, including, but
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`not
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`limited to, discussions, conversations, negotiations, conferences, meetings, speeches,
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`memoranda, letters, correspondence, notes, statements or questions.
`
`19.
`
`The terms “concerning,” “relating to,” “relate to,” “refer to” and “referring to”
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`mean alluding to, responding to, connected with, commenting on, in respect of, about, regarding,
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`discussing, showing,
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`identifying, describing, mentioning, reflecting, analyzing, comprising,
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`constituting, evidencing, supporting,
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`refuting, contradicting, memorializing, pertaining to,
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`bearing upon or illuminating the subject matter into which inquiry is made.
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`20.
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`The words “and” and “or” shall be construed conjunctively or disjunctively in a
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`manner making the request inclusive rather than exclusive.
`
`21.
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`The singular of any word or phrase shall include the plural of such word or
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`phrase, and the plural of any word or phrase shall include the singular of such word or phrase.
`
`22.
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`The term “all” shall mean “any and all” and the term “any” shall mean “any and
`
`all.”
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`23.
`
`The term “Action” refers to the above-captioned lawsuit filed in the United
`
`States District Court for the District of Delaware, on June 17, 2016, styled Acceleration Bay
`
`LLC v. Take-Two Interactive Software Inc., et al., Civil Action No. 16-455-RGA.
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`6
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`24.
`
`The term “Complaint” refers to the Complaint filed by Acceleration Bay in the
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`Action, D.I. No. 1, and any subsequently filed complaint in the Action.
`
`25.
`
`The term “third party” means any person or entity other than Acceleration Bay or
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`Defendants.
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`TOPICS PURSUANT TO FED. R. CIV. P. 30(b)(6)
`
`1.
`
`The design, structure, research, development, operation, features and testing of
`
`the multiplayer and networking functionality of each of the Accused Products,
`
`including
`
`MultiPlayer Networks.
`
`2.
`
`The topology, protocols, design, structure, research, development, operation,
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`features, testing and functionality of any peer-to-peer network used by You or in connection with
`
`the Accused Products.
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`3.
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`The topology, protocols, design, structure, research, development, operation,
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`features, testing and functionality of any network that allows servers to communicate with each
`
`other, servers to communicate with clients, or clients to communicate with each other used by
`
`You or in connection with the Accused Products.
`
`4.
`
`The topology protocols, design, structure, research, development, operation,
`
`features, testing and functionality of any application programs which utilize broadcast channels
`
`used by You or in connection with the Accused Products.
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`5.
`
`The topology protocols, design, structure, research, development, operation,
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`features, testing and functionality of any matchmaking services used by You or in connection
`
`with the Accused Products.
`
`6.
`
`The topology, protocols, design, structure, research, development, operation,
`
`features, testing and functionality of any network that allows the distribution of messages
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`7
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`

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`Case 1:16-cv-00455-RGA Document 487-1 Filed 02/05/20 Page 8 of 13 PageID #: 34301
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`between servers, between servers and clients, or between clients used by You or in connection
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`with the Accused Products.
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`7.
`
`The topology protocols, design, structure, research, development, operation,
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`features, testing and functionality of any Voice over Inter Protocol (“VoIP”) utilized by the
`
`Accused Products.
`
`8.
`
`The topology protocols, design, structure, research, development, operation,
`
`features, testing and functionality of any Quality of Service messaging or testing utilized by the
`
`Accused Products.
`
`9.
`
`The topology protocols, design, structure, research, development, operation,
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`features, testing and functionality of any chat or texting, including player to group oriented chat
`
`or texting, utilized by the Accused Products.
`
`10.
`
`The topology protocols, design, structure, research, development, operation,
`
`features, testing and functionality of Rage utilized by the Accused Products.
`
`11.
`
`The design, structure, research, development, operation, features, testing and
`
`functionality of graceful, ungraceful, intentional, unintentional disconnections, and handoffs
`
`utilized in the Accused Products.
`
`12.
`
`The design, structure, research, development, operation, features, testing and
`
`functionality of host migration utilized in the Accused Products.
`
`13.
`
`The design, structure, research, development, operation, features, testing and
`
`functionality of server and client relaying utilized in the Accused Products.
`
`14.
`
`The design, structure, research, development, operation, features, testing and
`
`functionality of lobbies utilized in the Accused Products.
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`8
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`Case 1:16-cv-00455-RGA Document 487-1 Filed 02/05/20 Page 9 of 13 PageID #: 34302
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`15.
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`The identity of the entities and individuals who developed the MultiPlayer
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`Networks, multiplayer functionality and multiple server communication networks used with each
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`of the Accused Products.
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`16. When multiplayer functionality was added to each of the Accused Products and
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`the evolution and development of that multiplayer functionality.
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`17.
`
`The technical aspects of and process for adding and dropping a player to a
`
`MultiPlayer Network for each of the Accused Products.
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`18.
`
`The technical aspects of and process for adding and dropping a server to a
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`multiple server network for each of the Accused Products.
`
`19.
`
`The network structure and topology for the MultiPlayer Networks and multiple
`
`server networks for each of the Accused Products, 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-
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`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
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`facilitate communication between participants, and (vii) the technical aspects of and process of
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`identifying and selecting communication ports for communication between participants.
`
`20.
`
`The identity, location and ownership of each server, client or computer used to
`
`host, facilitate or provide the MultiPlayer Networks for each Accused Product.
`
`21.
`
`The identity, location and ownership of any third parties, and relationship of those
`
`third parties to You, that participate or have any role in the manufacture, sale, offer for sale of
`
`the Accused Products, including any components, parts, subscriptions, add-on or features of such
`
`Accused Products.
`
`9
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`

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`22.
`
`The identities and organization of the components or modules of source code of
`
`the Accused Products, MultiPlayer Networks and multiple server networks,
`
`including the
`
`identities of the modules of source code which are compiled and included in the shipped versions
`
`of the Accused Products.
`
`23.
`
`Shared or common portions of source code between different
`
`the Accused
`
`Products relating to MultiPlayer Networks or multiple server networks.
`
`24.
`
`The specific identity and operation of the source code modules used to provide
`
`MultiPlayer Networks, including any SDKs, protocols, libraries, or APIs, Rage, Vconline,
`
`vconline_relay, RelayGameSession, VCOnline_Peer_to_Peer_Connectivity, Connection.H,
`
`ConnectionManager.h, session.h, and including the configuration information related to network
`
`structure or topology for the Multiplayer Networks.
`
`25.
`
`Revisions or updates of the features or functionalities relating to multiplayer
`
`functionality in each of the Accused Products and MultiPlayer Networks since the first version
`
`was released.
`
`26.
`
`Your document, electronic information, and data storage retention policies,
`
`including policies regarding retention of source code.
`
`27.
`
`Your first awareness of the Asserted Patents, including any discussions You
`
`participated in regarding licensing the Asserted Patents.
`
`28.
`
`Your first awareness of Boeing’s SWAN technology, including any discussions
`
`You participated in regarding licensing SWAN technology.
`
`29.
`
`Your documents and discussions regarding licenses to technology related to the
`
`Asserted Patents.
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`10
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`Case 1:16-cv-00455-RGA Document 487-1 Filed 02/05/20 Page 11 of 13 PageID #: 34304
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`30.
`
`Product manuals, guides, customer support and other assistance provided by You
`
`to assist customers and users of the Accused Products to operate multiplayer functionality for the
`
`Accused Products.
`
`31.
`
`Your revenues from the Accused Products, on an annual basis, including the
`
`sources of those revenues.
`
`32.
`
`Your expenses associated with the Accused Products, on an annual basis,
`
`including the breakdown of those expenses.
`
`33.
`
`Cost savings and benefits from using peer to peer connections in the Accused
`
`Products.
`
`34.
`
`The total number of copies sold of each of the Accused Products and the total
`
`number of subscriptions for the Accused Products on an annual basis from 2013 through the
`
`present.
`
`35.
`
`How You track the number of users of the Accused Products, the number of
`
`sessions by users of the Accused Products and the number of peer-hosted sessions, including
`
`how this information is collected,
`
`the documents, reports or databases containing such
`
`information and who is most knowledgeable about this information.
`
`36.
`
`The number of users of the Accused Products and the number of sessions by users
`
`of the Accused Products on an annual and/or monthly basis from 2013 through the present.
`
`37.
`
`38.
`
`The percentage and total number of gameplay sessions hosted by a player.
`
`Any analysis by You of the key features of the Accused Products, including any
`
`identifications of features that are important to Your customers, to providing stable Multiplayer
`
`Networks or to reducing the costs of providing Multiplayer Networks.
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`11
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`Case 1:16-cv-00455-RGA Document 487-1 Filed 02/05/20 Page 12 of 13 PageID #: 34305
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`39.
`
`Any surveys or surveys regarding which features of the Accused Products
`
`customers are most interested in.
`
`40.
`
`Your marketing of the Accused Products, including marketing of the multiplayer
`
`functionality of the Accused Products.
`
`POTTER ANDERSON CORROON LLP
`
`By:
`
`/s/ Philip A. Rovner
`Philip A. Rovner (Bar No. 3215)
`Jonathan A. Choa (Bar No. 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
`Hannah Lee
`KRAMER LEVIN NAFTALIS
`& FRANKEL LLP
`990 Marsh Road
`Menlo Park, CA 94025
`(650) 752-1700
`pandre@kramerlevin.com
`lkobialka@kramerlevin.com
`hlee@kramerlevin.com
`
`Aaron M. Frankel
`KRAMER LEVIN NAFTALIS
`& FRANKEL LLP
`1177 Avenue of the Americas
`New York, NY 10036
`(212) 715-9100
`afrankel@kramerlevin.com
`
`Dated: March 16, 2017
`1248096
`
`12
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`

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`Case 1:16-cv-00455-RGA Document 487-1 Filed 02/05/20 Page 13 of 13 PageID #: 34306
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`CERTIFICATE OF SERVICE
`
`I, Philip A. Rovner, hereby certify that, prior to 6 p.m. on March 16, 2017, the within
`
`document was served on the following counsel as indicated:
`
`Jack B. Blumenfeld, Esq.
`Stephen J. Kraftschik, Esq.
`Morris, Nichols, Arsht & Tunnell LLP
`1201 N. Market Street
`P.O. Box 1347
`Wilmington, DE 19899
`jblumenfeld@mnat.com
`skaftschik@mnat.com
`
`Attorneys for Defendant
`
`Daniel K. Webb, Esq.
`Kathleen B. Barry, Esq.
`Winston & Strawn LLP
`35 W. Wacker Drive
`Chicago, IL 60601
`dwebb@winston.com
`kbarry@winston.com
`
`Co-counsel for Defendant
`
`BY E-MAIL
`
`Michael A. Tomasulo, Esq.
`David P. Enzminger, Esq.
`David K. Lin, Esq.
`Gino Cheng, Esq.
`Winston & Strawn LLP
`333 S. Grand Avenue
`Los Angeles, CA 90071
`mtomasulo@winston.com
`denzminger@winston.com
`dlin@winston.com
`gcheng@winston.com
`
`Co-counsel for Defendant
`
`By:
`
`/s/ Philip A. Rovner
`Philip A. Rovner
`
`