Case 1:16-cv-00455-RGA Document 51 Filed 02/17/17 Page 1 of 15 PageID #: 2326
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`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)
`
`)))))))))
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`))))))))) )))))))))))
`
`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.
`
`NOTICE OF SUBPOENA
`
`PLEASE TAKE NOTICE that the subpoena attached hereto as Exhibit 1 will be
`
`served upon RPX Corporation.
`
`

`

`Case 1:16-cv-00455-RGA Document 51 Filed 02/17/17 Page 2 of 15 PageID #: 2327
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`OF COUNSEL:
`
`Michael A. Tomasulo
`Gino Cheng
`David K. Lin
`WINSTON & STRAWN LLP
`333 South Grand Avenue, 38th Floor
`Los Angeles, CA 90071
`(213) 615-1700
`
`David P. Enzminger
`WINSTON & STRAWN LLP
`275 Middlefield Road, Suite 205
`Menlo Park, CA 94025
`(650) 858-6500
`
`Dan K. Webb
`Kathleen B. Barry
`WINSTON & STRAWN LLP
`35 West Wacker Drive
`Chicago, IL 60601
`(312) 558-5600
`
`February 17, 2017
`10824707
`
`MORRIS, NICHOLS, ARSHT & TUNNELL LLP
`/s/ Stephen J. Kraftschik
`_____________________________________
`Jack B. Blumenfeld (#1014)
`Stephen J. Kraftschik (#5623)
`1201 North Market Street
`P.O. Box 1347
`Wilmington, DE 19899
`(302) 658-9200
`jblumenfeld@mnat.com
`skraftschik@mnat.com
`
`Attorneys for Defendants
`
`- 2 -
`
`

`

`Case 1:16-cv-00455-RGA Document 51 Filed 02/17/17 Page 3 of 15 PageID #: 2328
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`CERTIFICATE OF SERVICE
`
`I hereby certify that on February 17, 2017, 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
`
`February 17, 2017, upon the following in the manner indicated:
`
`Philip A. Rovner, Esquire
`Jonathan A. Choa, Esquire
`POTTER ANDERSON & CORROON LLP
`1313 North Market Street, 6th Floor
`Wilmington, DE 19801
`Attorneys for Plaintiff
`
`Paul J. Andre, Esquire
`Lisa Kobialka, Esquire
`James R. Hannah, Esquire
`Hannah Lee, Esquire
`KRAMER LEVIN NAFTALIS & FRANKEL LLP
`990 Marsh Road
`Menlo Park, CA 94025
`Attorneys for Plaintiff
`
`Aaron M. Frankel, 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)
`
`10824707
`
`

`

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`Case 1:16-cv-00455-RGA Document 51 Filed 02/17/17 Page
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`EXHIBIT 1
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`EXHIBIT 1
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`

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`Case 1:16-cv-00455-RGA Document 51 Filed 02/17/17 Page 5 of 15 PageID #: 2330
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`AO 88B (Rev. 02/14) Subpoena to Produce Documents, Information, or Objects or to Permit Inspection of Premises in a Civil Action
`
`UNITED STATES DISTRICT COURT
`for the
`__________ District of __________
`
`Civil Action No.
`
`))))))
`
`Plaintiff
`v.
`
`Defendant
`
`SUBPOENA TO PRODUCE DOCUMENTS, INFORMATION, OR OBJECTS
`OR TO PERMIT INSPECTION OF PREMISES IN A CIVIL ACTION
`
`To:
`
`(Name of person to whom this subpoena is directed)
`’ Production: YOU ARE COMMANDED to produce at the time, date, and place set forth below the following
`documents, electronically stored information, or objects, and to permit inspection, copying, testing, or sampling of the
`material:
`
`Place:
`
`Date and Time:
`
`’ Inspection of Premises: YOU ARE COMMANDED to permit entry onto the designated premises, land, or
`other property possessed or controlled by you at the time, date, and location set forth below, so that the requesting party
`may inspect, measure, survey, photograph, test, or sample the property or any designated object or operation on it.
`
`Place:
`
`Date and Time:
`
`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 consequences of not doing so.
`
`Date:
`
`CLERK OF COURT
`
`OR
`
`Signature of Clerk or Deputy Clerk
`
`Attorney’s signature
`
`The name, address, e-mail address, and telephone number of the attorney representing (name of party)
`, who issues or requests this subpoena, are:
`
`Notice to the person who issues or requests this subpoena
`If this subpoena commands the production of documents, electronically stored information, or tangible things or the
`inspection of premises before trial, a notice and a copy of the subpoena must be served on each party in this case before
`it is served on the person to whom it is directed. Fed. R. Civ. P. 45(a)(4).
`
` District of Delaware
`
`Acceleration Bay LLC
`
`16-453, 16-454, 16-455,
`
`Activision Blizzard Inc., Electronic Arts Inc.,
`Take-Two Interactive Software Inc., et al.
`
`RPX Corporation c/o Incorporating Services, Ltd.
`3500 S. DuPont Highway, Dover, DE 19901
`
`4
`
` Produce documents requested in Attachment A.
`
`Morris, Nichols, Arsht & Tunnell LLP, c/o Stephen J.
`Kraftschik, 1201 N. Market St., P.O. Box 1347,
`Wilmington, DE 19899-1347
`
`03/03/2017 10:00 am
`
`02/17/2017
`
`/s/ Stephen J. Kraftschik
`
`
`
`Activision Blizzard, Electronic Arts, Take-Two Interactive Software
`
`Stephen J. Kraftschik, 1201 N. Market St., Wilmington, DE 19899, Tel: 302-658-9200, skraftschik@mnat.com
`
`

`

`Case 1:16-cv-00455-RGA Document 51 Filed 02/17/17 Page 6 of 15 PageID #: 2331
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`AO 88B (Rev. 02/14) Subpoena to Produce Documents, Information, or Objects or to Permit Inspection of Premises in a Civil Action (Page 2)
`
`Civil Action No.
`
`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)
`
`’ I served the subpoena by delivering a copy to the named person as follows:
`
`’ 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 $
`
`.
`
`.
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`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
`
`16-453, 16-454, 16-455,
`
`0.00
`
`Print
`
`Save As...
`
`Add Attachment
`
`Reset
`
`

`

`Case 1:16-cv-00455-RGA Document 51 Filed 02/17/17 Page 7 of 15 PageID #: 2332
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`AO 88B (Rev. 02/14) Subpoena to Produce Documents, Information, or Objects or to Permit Inspection of Premises in a Civil Action(Page 3)
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`(c) Place of Compliance.
`
`Federal Rule of Civil Procedure 45 (c), (d), (e), and (g) (Effective 12/1/13)
` (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.
`
` (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:
`(i) disclosing a trade secret or other confidential research,
`development, or commercial information; or
`
`(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 51 Filed 02/17/17 Page 8 of 15 PageID #: 2333
`
`ATTACHMENT A
`
`DEFINITIONS
`
`1.
`
`“Defendants” shall mean Activision|Blizzard, Inc., Electronic Arts Inc., Take-
`
`Two Interactive Software, Inc., Rockstar Games, Inc., and 2K Sports, Inc., including but not
`
`limited to their predecessors, all parent companies, partners, wholly or partially owned
`
`subsidiaries, divisions, past or present affiliated corporations, and each of their present and
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`former employees, agents, officers, directors, representatives, consultants, accountants, and
`
`attorneys.
`
`2.
`
`“Acceleration Bay” or “Plaintiff” means and includes Acceleration Bay LLC
`
`together with each of its respective departments, divisions, subsidiaries, predecessors, and
`
`affiliates, past and present, and all employees, representatives, and/or agents acting or purporting
`
`to act on any or all of their respective behalves.
`
`3.
`
`“You,” “your”, and “RPX” means you, the recipient of the subpoena and includes
`
`RPX Corporation, together with each of its respective departments, divisions, subsidiaries,
`
`predecessors, and affiliates, past and present, and all employees, representatives, and/or agents
`
`acting or purporting to act on any or all of their respective behalves.
`
`4.
`
`“Boeing” means and includes The Boeing Company together with each of its
`
`respective departments, divisions, subsidiaries, predecessors, and affiliates, past and present,
`
`including Panthesis, Inc. (“Panthesis”), and all employees, representatives, and/or agents acting
`
`or purporting to act on any or all of their respective behalves.
`
`5.
`
`“Accused Products” shall mean any product or service manufactured, used, sold,
`
`offered for sale or imported into the United States by or on behalf of any Defendants that
`
`Acceleration Bay alleges infringes the Asserted Patents.
`
`

`

`Case 1:16-cv-00455-RGA Document 51 Filed 02/17/17 Page 9 of 15 PageID #: 2334
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`6.
`
`“Asserted Patents” shall mean United States Patent Nos. 6,701,344; 6,714,966;
`
`6,732,147; 6,829,634; 6,910,069; and 6,920,497.
`
`7.
`
`The term “Related Application(s)” of a referenced patent or patents means any
`
`patent or patent application, filed anywhere in the world, that: (a) is a parent, child, or other
`
`ancestral application related in any way to the referenced patent; (b) is a continuation
`
`application, continuation-in-part application, divisional application, file-wrapper continuation,
`
`reexamination proceeding, reissue application, provisional application, or abandoned application
`
`of such referenced patent or the application that led to such referenced patent; (c) claims priority
`
`in whole or in part from such referenced patent or the application that led to such referenced
`
`patent; (d) is the basis for a claim of priority in whole or in part (including claims of benefits
`
`under 35 U.S.C. §§ 119(e) or 120) for such referenced patent; (e) was contemporaneously filed
`
`with and/or incorporated by reference within the application for the referenced patent or
`
`(f) shares subject matter with such referenced patent.
`
`8.
`
`9.
`
`“Named Inventor(s)” means and includes Fred B. Holt, and/or Virgil E. Bourassa.
`
`“This Case/these Cases” shall mean the lawsuit(s) filed by Acceleration Bay in
`
`the District of Delaware, C.A. Nos. 15-228 (RGA), 15-282 (RGA), 15-311 (RGA).
`
`10.
`
`“Communication,” “communications,” or “communicated” shall mean and shall
`
`include any oral or written expression, statements, or utterance of any nature whatsoever,
`
`including but not limited to, correspondence, conversations, memoranda, notes, computer or
`
`electronic expressions and statements and telecommunications.
`
`11.
`
`“Documents” shall have the meaning ascribed to that term in Rule 34 of the
`
`Federal Rules of Civil Procedure, and shall also include, without limitation, all writings,
`
`printouts, graphical material, and recordings as defined by Rule 1001 of the Federal Rules of
`
`2
`
`

`

`Case 1:16-cv-00455-RGA Document 51 Filed 02/17/17 Page 10 of 15 PageID #: 2335
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`Evidence, drawings, graphs, charts, photographs, film, audio or video recordings, facsimile
`
`transmissions, computer files, and electronic mail messages, and all data compilations from
`
`which information can be obtained, translated, if necessary, through detection devices into
`
`reasonably useable form. “Documents” also includes, without limitation, anything that can be
`
`classified as a “writing,” “original,” or “duplicate.
`
`“Documents” also include all drafts, all
`
`attachments to Documents, and all copies of Documents that are not identical duplicates of the
`
`original (for example, because handwriting, marginalia, or notes appear on the duplicate or are
`
`attached to it), whether or not the originals are in Acceleration Bay’s possession, custody or
`
`control.
`
`12.
`
`“Entity” or “entities” include natural persons, proprietorships, partnerships, firms,
`
`private corporations, public corporations, municipal corporations, governments (including
`
`foreign national governments, the government of the United States or any state or local
`
`government), all departments and agencies thereof, and any governmental agencies of any
`
`country, political subdivisions, groups, associations, or organizations.
`
`13.
`
`“Person” or “persons” shall mean any natural person, legal entity, business or
`
`other entities, including but not limited to any corporation, partnership, unincorporated
`
`association, joint venture, sole proprietorship, government agency, business trusts, or any and/or
`
`all other organization or group of individuals; as well as any officer, director, employee, partner,
`
`corporate parent, subsidiary, affiliate, agent, representative, attorney, or principal thereof.
`
`14.
`
`“Thing” or “things” shall mean any tangible object other than a document as
`
`defined herein, and includes objects of every kind and nature.
`
`15.
`
`“Relating to,” “related to” or “concerning” shall mean anything pertaining to,
`
`comprising, evidencing, alluding to, responding to, connected with, commenting on, with respect
`
`3
`
`

`

`Case 1:16-cv-00455-RGA Document 51 Filed 02/17/17 Page 11 of 15 PageID #: 2336
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`to, about, regarding, resulting from, embodying, explaining, supporting, discussing, showing,
`
`describing, reflecting, analyzing, constituting, setting forth, in respect of, or having any direct or
`
`indirect logical or factual connection with the subject matter in question.
`
`16.
`
`“Including” shall not be construed as limiting any request, and shall mean the
`
`same as “including, but not limited to.”
`
`17.
`
`The use of the term “the” shall not be construed as limiting the scope of any
`
`document request.
`
`18.
`
`“Any” or “each” shall be understood to include and encompass “all;” “or” shall
`
`be understood to encompass “and;” “and” shall be understood to include and encompass “OR.”
`
`19.
`
`“And,” “or,” and “and/or” shall be construed conjunctively or disjunctively as
`
`necessary to make the request inclusive rather than exclusive.
`
`20.
`
`The plural of any word shall be construed as the singular, and vice versa, as
`
`necessary, in order to bring within the scope of these requests any information, documents, or
`
`things that might otherwise be construed to be outside their scope.
`
`4
`
`

`

`Case 1:16-cv-00455-RGA Document 51 Filed 02/17/17 Page 12 of 15 PageID #: 2337
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`INSTRUCTIONS
`
`1.
`
`You are to search all documents and things within your possession, custody or
`
`control or within the possession, custody or control of your attorneys, accountants, or other
`
`agents or representatives, wherever located, including but not limited to documents and things
`
`placed in storage facilities and documents and things in the possession of any employee, agent,
`
`representative, or person acting or purporting to act on your behalf whether located at his or her
`
`residence(s) and/or place(s) of business(es).
`
`2.
`
`Pursuant to Fed. R. Civ. P. 34(b), you are instructed to produce documents as they
`
`are kept in the usual course of business or the documents shall be organized and labeled to
`
`correspond to the categories for each Request. In addition, documents are to be produced in full
`
`and unexpurgated form; redacted documents will not constitute compliance with a Request.
`
`3.
`
`Different versions of the same documents, handwritten notes or notations in any
`
`form, draft documents and documents with handwritten notations or marks not found in the
`
`original or on other copies are considered to be different documents for the purpose of
`
`production in compliance with these requests, and each form should be produced independently.
`
`4.
`
`Electronic and computerized information must be produced in an intelligible
`
`format or together with a description of the system from which it was derived sufficient to permit
`
`rendering the materials intelligible.
`
`5.
`
`All documents produced in response to these Requests shall be produced in toto
`
`notwithstanding the fact that portions thereof may contain information not requested.
`
`6.
`
`All documents produced in response to these Requests shall be produced along
`
`with any and/or all attachments and/or enclosures as have ever been attached to and/or enclosed
`
`with such documents at any time.
`
`5
`
`

`

`Case 1:16-cv-00455-RGA Document 51 Filed 02/17/17 Page 13 of 15 PageID #: 2338
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`7.
`
`All documents requested herein shall be produced in the same sequence as they
`
`are contained or found and with the file folders and other identifying documents or containers
`
`(e.g., copy of envelope, file cabinet market, binder tab) in which such documents were located
`
`when these requests were served.
`
`8.
`
`These Requests are submitted for the purpose of discovery and are not to be taken
`
`as waiving any objections that may be made at trial to the introduction of evidence on subjects
`
`covered by these Requests or as an admission of the relevance or materiality at trial of any of the
`
`matters covered by these Requests.
`
`9.
`
`Pursuant to Fed. R. Civ. P. 26(e)(2), these Requests shall be deemed continuing so
`
`as to require further and supplemental production by you in the event that you or any person
`
`acting on your behalf, obtains or discovers additional documents or information that may
`
`augment or otherwise modify your responses hereto, between the time of initial production and
`
`the time of any trial in this Case.
`
`6
`
`

`

`Case 1:16-cv-00455-RGA Document 51 Filed 02/17/17 Page 14 of 15 PageID #: 2339
`
`REQUESTS FOR PRODUCTION
`
`1.
`
`For the time period 2000-March 11, 2015: All documents and things that relate in
`
`any way to any of the Asserted Patents or any Related Applications, including their purported
`
`ownership, licensing, value, assignment, sale, offer for sale, validity, utility, or alleged
`
`infringement.
`
`2.
`
`For the time period 2000-March 11, 2015: All documents, communications, and
`
`agreements:
`
`(a)
`
`relating to any of the Asserted Patents or any Related Applications,
`
`including particularly with Boeing, Acorn Technology, Inc.;
`
`(b)
`
`exchanged with any buyer or prospective buyer of the Asserted Patents or
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`any Related Applications;
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`(c)
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`relating to any loan in which any of the Asserted Patents or any Related
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`Applications was used as collateral; or
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`(d)
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`relating to or resulting from any offers, discussions, or negotiations (whether
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`or not consummated) to license wholly or in part, cross-license, sub-license, buy,
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`sell, loan, assign, or grant a security interest or rights in any of the Asserted
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`Patents or any Related Applications (whether individually or as part of a patent
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`portfolio), including but not limited to, assignment agreements, purchase
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`agreements, sales agreements, license agreements, cross-license agreements,
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`security interest agreements, loan agreements, and covenants not to sue.
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`3.
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`For the time period 2000-March 11, 2015: Documents and things sufficient to
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`identify every entity (including any prospective or current licensees, any prospective or actual
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`buyers, and any prospective or actual investors) to or with whom any offers, discussions,
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`communications, and negotiations responsive to Request No. 2(d) was made, and the
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`corresponding dates on which they were made.
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`4.
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`For the time period 2000-March 11, 2015: All documents, communications, and
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`things that relate to due diligence, research, investigation, and any other efforts to evaluate, value
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`7
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`Case 1:16-cv-00455-RGA Document 51 Filed 02/17/17 Page 15 of 15 PageID #: 2340
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`or price any of the Asserted Patents or any Related Applications (whether individually or as part
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`of a patent portfolio), including but not limited to any prior art, claim charts, studies or analyses
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`reflecting the purported validity, invalidity, infringement, or non-infringement of the Asserted
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`Patents.
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`5.
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`For the time period 2000-March 11, 2015: All documents and communications
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`with Acceleration Bay, or any of its principals, agents, or attorneys, including Joe Ward and
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`Kramer Levin Naftalis & Frankel LLP, that relate to any of the Asserted Patents, any Related
`
`Applications, or these Cases.
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`8
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`