Case 1:16-cv-00774-RGA Document 22-1 Filed 07/15/16 Page 1 of 3 PageID #: 466
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`PAUL ANDRE (State Bar No. 196585)
`pandre@kramerlevin.com
`LISA KOBIALKA (State Bar No. 191404)
`lkobialka@kramerlevin.com
`JAMES HANNAH (State Bar No. 237978)
`jhannah@kramerlevin.com
`KRAMER LEVIN NAFTALIS & FRANKEL LLP
`990 Marsh Road
`Menlo Park, CA 94025
`Telephone: (650) 752-1700
`Facsimile: (650) 752-1800
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`Attorneys for Defendant
`ACCELERATION BAY LLC
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`IN THE UNITED STATES DISTRICT COURT
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`FOR THE NORTHERN DISTRICT OF CALIFORNIA
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`ACTIVISION BLIZZARD, INC.,
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`Plaintiffs,
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`v.
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`ACCELERATION BAY LLC,
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`Defendant.
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`SAN FRANCISCO DIVISION
`Case No.: 4:16-cv-03375-RS
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`DECLARATION OF LISA KOBIALKA IN
`SUPPORT OF ACCELERATION BAY
`LLC’S MOTION TO DISMISS OR
`TRANSFER ACTIVISION BLIZZARD,
`INC.’S COMPLAINT UNDER THE FIRST-
`
`TO-FILE RULE, FED. R. CIV. P. 12(b)(3)
`AND 28 U.S.C. § 1404
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`September 1, 2016
`Date:
`1:30 p.m.
`Time:
`Courtroom: 3, 17th Floor
`Before:
`Honorable Richard Seeborg
`
`
`
`
`
`DECLARATION OF LISA KOBIALKA N SUPPORT OF
`ACCELERATION BAY’S MOTION TO DISMISS OR TRANSFER
`
`Case No. 4:16-cv-03375-RS
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`Case 1:16-cv-00774-RGA Document 22-1 Filed 07/15/16 Page 2 of 3 PageID #: 467
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`I, Lisa Kobialka, declare as follows:
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`1.
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`I am an attorney with the law firm Kramer Levin Naftalis & Frankel LLP, counsel of
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`record for Acceleration Bay LLC (“Acceleration Bay”) for the above referenced matter. I have
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`personal knowledge of the facts stated herein and can testify competently to those facts. I make this
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`declaration in support of Acceleration Bay’s Motion to Dismiss and/or Transfer.
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`2.
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`Attached hereto as Exhibit 1 is a true and correct copy of the Complaint (without
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`exhibits) of Acceleration Bay against Activision Blizzard, Inc. (“Activision”) in 16-CV-453-RGA,
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`filed June 17, 2016.
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`3.
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`Attached hereto as Exhibit 2 is a true and correct copy of the Complaint (without
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`exhibits) of Acceleration Bay against Activision in 15-CV-228-RGA, filed March 11, 2015.
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`4.
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`Acceleration Bay filed complaints against Electronic Arts Inc. (15-CV-282-RGA) and
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`Take-Two Interactive Software, Inc., Rockstar Games, Inc., and 2K Sports, Inc. (15-CV-311-RGA) in
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`the District of Delaware on March 30, 2015, and April 13, 2015.
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`5.
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`Judge Andrews related 15-CV-228-RGA, 15-CV-282-RGA and 15-CV-311-RGA for
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`discovery, claim construction and pre-trial activities. Discovery in these actions began in December
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`2015, and the parties have since engaged in extensive document and interrogatory discovery.
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`6.
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`Attached hereto as Exhibit 3 is a true and correct copy of the Notice of Service of
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`Acceleration Bay’s Initial Infringement Contentions on Activision on March 2, 2016.
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`7.
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`Attached hereto as Exhibit 4 is a true and correct copy of the Notice of Service of
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`Activision’s Invalidity Contentions on Acceleration Bay on May 6, 2016.
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`8.
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`In the case 15-CV-228-RGA, Judge Andrews and Special Master Terrell together held
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`at least six hearings and issued over ten substantive orders concerning a variety of issues, including
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`discovery disputes, infringement contentions, scheduling, case management and standing.
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`9.
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`Attached hereto as Exhibit 5 is a true and correct copy of the Order issued by Judge
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`Andrews on June 3, 2016.
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`10.
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`Attached hereto as Exhibit 6 is a true and correct copy of a June 17, 2016 letter from
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`Acceleration Bay’s counsel to Judge Andrews.
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`1
`DECLARATION OF LISA KOBIALKA IN SUPPORT OF
`ACCELERATION BAY’S MOTION TO DISMISS OR TRANSFER
`
`Case No. 4:16-cv-03375-RS
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`

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`Case 1:16-cv-00774-RGA Document 22-1 Filed 07/15/16 Page 3 of 3 PageID #: 468
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`11.
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`Attached hereto as Exhibit 7 is a true and correct copy of the Order issued by Judge
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`Andrews on June 20, 2016.
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`12.
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`Attached hereto as Exhibit 8 is a true and correct copy of excerpts from Activision’s
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`Answer to Acceleration Bay’s Amended Complaint in case 15-CV-228-RGA, filed on July 13, 2015.
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`13.
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`Attached hereto as Exhibit 9 is a true and correct copy of an Exhibit 7 to Activision’s
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`Motion to Transfer Venue filed in the District Court of Delaware on July 8, 2016, and is a declaration
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`of Tony Hsu, the Chief Financial Officer of Activision Publishing, Inc., dated July 8, 2016.
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`14.
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`The parties conducted source code review for World of Warcraft and Call of Duty
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`games, two depositions in the Central District of California to accommodate Activision and were
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`scheduling the deposition of Bungie, Inc. as the developer of Destiny, to be held in Washington to
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`accommodate Bungie, Inc.
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`I declare under penalty of perjury under the laws of the United States that the foregoing is true
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`and correct. Executed on July 15, 2016 in Menlo Park, California.
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`By: /s/ Lisa Kobialka
`Lisa Kobialka
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`2
`DECLARATION OF LISA KOBIALKA IN SUPPORT OF
`ACCELERATION BAY’S MOTION TO DISMISS OR TRANSFER
`
`Case No. 4:16-cv-03375-RS
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