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`Plaintiff,
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`v.
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`Defendants.
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`IN THE UNITED STATES DISTRICT COURT
`FOR THE DISTRICT OF DELAWARE
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`ACCELERATION BAY LLC,
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`C.A. No. 16-455 (RGA)
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`TAKE-TWO INTERACTIVE SOFTWARE, ) REDACTED –
`) PUBLIC VERSION
`INC., ROCKSTAR GAMES, INC. and
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`2K SPORTS, INC.,
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`DECLARATION OF LOUIS CAMPBELL IN SUPPORT OF DEFENDANTS’
`REPLY BRIEF IN SUPPORT OF THEIR MOTION FOR FEES AND COSTS
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`I, Louis Campbell, declare
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`1.
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`I am Of Counsel with the law firm Winston & Strawn LLP, counsel of record for
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`Defendants in the above referenced matter.
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`2.
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`Plaintiff originally asserted fifty-one claims against Defendants: claims 1, 4, 5, 6,
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`7, 8, 9, 11, 12, 13, 14, 15, and 18 of U.S. Patent No. 6,701,344; claims 1, 4, 6, 7, 8, 9, 11, 12, and
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`13 of U.S. Patent 6,714,966; claims 1, 3, 4, 5, 6, 10, 11, 14, 15, and 16 of U.S. Patent No. 6,732,147;
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`claims 1, 4, 5, 6, 7, 9, 19, 20, 21, 22, and 24 of U.S. Patent No. 6,829,634; claims 1, 11, 12, and
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`13 of U.S. Patent No. 6,910,069; and claims 1, 8, 9, and 16 of U.S. Patent No. 6,920,497.
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`3.
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`The Patent Trial and Appeals Board invalidated twenty-three of the claims
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`originally asserted against Defendants: claims 1, 4, 5, 6, 7, 8, 9, and 11 of U.S. Patent No.
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`6,701,344; claims 1, 4, 6, 7, 8, 9, and 11 of U.S. Patent 6,714,966; claims 1, 4, 5, 6, 7, and 9 of
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`U.S. Patent No. 6,829,634; and claims 1 and 8 of U.S. Patent No. 6,920,497.
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`4.
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`This Court granted summary judgment of invalidity of five of the claims originally
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`asserted against Defendants: claims 19 and 22 of U.S. Patent No. 6,829,634 and claims 11, 15, and
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`Original Filing Date: March 28, 2022
`Redacted Filing Date: April 4, 2022
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`Case 1:16-cv-00455-RGA Document 532 Filed 04/04/22 Page 2 of 4 PageID #: 37538
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`16 of U.S. Patent No. 6,732,147. Acceleration Bay LLC v. Activision Blizzard, Inc., 324 F. Supp.
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`3d 470, 478-79, 485-87 (D. Del. 2018).
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`5.
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`Four of the claims originally asserted against Defendants would be invalid for the
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`same reasons that the Court granted summary judgment of invalidity except that Plaintiff was no
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`longer asserting those claims at the time of the Court’s summary judgment decision: claims 20, 21
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`and 24 of U.S. Patent No. 6,829,634 and claim 14 of U.S. Patent No. 6,732,147.
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`6.
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`Thus, thirty-two (23+5+4) of the fifty-one claims originally asserted against
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`Defendants were invalid. In other words, approximately 63% of the claims—well over half—of
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`the originally asserted claims were invalid.
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`7.
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`Attached as Exhibit R is a true and correct copy of excerpts from the July 27, 2018,
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`deposition transcript of Michael Mitzenmacher, which has been designated HIGHLY
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`CONFIDENTIAL – OUTSIDE COUNSEL ONLY.
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`8.
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`Attached as Exhibit S is a true and correct copy of excerpts from the June 15, 2017,
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`individual and FRCP 30(b)(6) deposition transcript of Joe Ward, which has been designated
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`HIGHLY CONFIDENTIAL – OUTSIDE COUNSEL ONLY.
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`9.
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`Attached as Exhibit T is a true and correct copy of Exhibit 6 to the July 27, 2018,
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`deposition transcript of Michael Mitzenmacher, which has been designated HIGHLY
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`CONFIDENTIAL – OUTSIDE COUNSEL ONLY.
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`10.
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`Attached as Exhibit U is a true and correct copy of excerpts from the August 14,
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`2018, deposition transcript of Nenad Medvidovic, which has been designated HIGHLY
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`CONFIDENTIAL – OUTSIDE COUNSEL ONLY.
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`2
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`Case 1:16-cv-00455-RGA Document 532 Filed 04/04/22 Page 3 of 4 PageID #: 37539
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`I declare under penalty of perjury under the laws of the United States that the foregoing is
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`true and correct. Executed on this 28th day of March 2022, in Redwood City, California.
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`/s Louis Campbell
`By:
` Louis Campbell
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`3
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`Case 1:16-cv-00455-RGA Document 532 Filed 04/04/22 Page 4 of 4 PageID #: 37540
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`CERTIFICATE OF SERVICE
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`I hereby certify that on March 28, 2022, I caused the foregoing to be electronically filed
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`with the Clerk of the Court using CM/ECF, which will send notification of such filing to all
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`registered participants.
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`I further certify that I caused copies of the foregoing document to be served on
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`March 28, 2022, upon the following in the manner indicated:
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`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
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`Paul J. Andre, Esquire
`Lisa Kobialka, Esquire
`James R. Hannah, Esquire
`Hannah Lee, Esquire
`Yuridia Caire, Esquire
`Greg Proctor, Esquire
`KRAMER LEVIN NAFTALIS & FRANKEL LLP
`990 Marsh Road
`Menlo Park, CA 94025
`Attorneys for Plaintiff
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`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
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`VIA ELECTRONIC MAIL
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`VIA ELECTRONIC MAIL
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`VIA ELECTRONIC MAIL
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`/s/ Cameron P. Clark
`_______________________________________
`Cameron P. Clark (#6647)
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