`
`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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`))))))))))
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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., Delaware Corporations,
`
`Defendant.
`
`[PROPOSED] ORDER
`
`WHEREAS, the Special Master having considered Plaintiff Acceleration Bay LLC’s
`
`(“Acceleration Bay”) Motion to Compel and the related briefing and oral argument thereto;
`
`IT IS HEREBY ORDERED this ___ day of ________________, 2017, that Acceleration
`
`Bay’s Motion is hereby GRANTED.
`
`
`
`Case 1:16-cv-00455-RGA Document 70-1 Filed 03/31/17 Page 2 of 2 PageID #: 2551
`
`(1)
`
`Defendants shall produce within thirty days emails matching the search terms
`
`identified in Exhibit 1, to Acceleration Bay’s Motion to Compel.
`
`(2)
`
`Defendants shall produce by April 21, 2017 amended invalidity contentions that:
`
`a. Comply with the 12 prior art references against each patent and not more than
`
`a total of 40 references limit in the Scheduling Order;
`
`b.
`
`Identify with specificity the specific software and hardware related to
`
`ActiveNet, DirectX and NAT that Defendants intend to rely upon at trial;
`
`c.
`
`Identify the specific versions of Air Warrior, NeTrek, Quake, Ultima Online,
`
`EverQuest, NFL 2K1 and NBA 2K1 and Napster software that Defendants
`
`intend to rely upon at trial; and
`
`d. Chart the FlyThru, Genesis, KIRTS and SWAN systems to the claims of the
`
`asserted patents for which Defendants claim those systems are prior art.
`
`(3)
`
`By April 21, 2017, Defendant Activision Blizzard, Inc. shall produce all
`
`responsive documents related to its Software and Publishing and Development Agreement with
`
`Bungie.
`
`(4)
`
`By April 21, 2017, Defendants shall supplement their response to Common
`
`Interrogatory No. 6 to identify where each component and element of the accused games are
`
`manufactured, developed and tested.
`
`(5)
`
`By April 21, 2017, Defendant Electronic Arts Inc. shall produce gross revenue
`
`information from before FY2015 for the accused products.
`
`1249404
`
`Special Master Allen M. Terrell, Jr.
`
`2
`
`
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