`
`IN THE UNITED STATES DISTRICT COURT
`FOR THE DISTRICT OF DELAWARE
`
`C.A. No. 16-774 (RGA)
`
`C.A. No. 16-775 (RGA)
`
`C.A. No. 16-776 (RGA)
`
`)))))))))
`
`)))))))))
`
`))))))))))
`
`)
`
`ACTIVISION BLIZZARD, INC,
`
`Plaintiff,
`
`v.
`
`ACCELERATION BAY LLC
`
`Defendant.
`TAKE-TWO INTERACTIVE SOFTWARE,
`INC., ROCKSTAR GAMES, INC. and
`2K SPORTS, INC.,
`
`Plaintiff,
`
`v.
`
`ACCELERATION BAY LLC,
`
`Defendant.
`ELECTRONIC ARTS INC.,
`
`Plaintiff,
`
`v.
`
`ACCELERATION BAY LLC,
`
`Defendants.
`
`STIPULATION AND ORDER OF DISMISSAL WITHOUT PREJUDICE
`
`WHEREAS Activision Blizzard, Inc., Electronic Arts Inc., Take-Two Interactive
`
`Software, Inc., Rockstar Games, Inc. and 2K Sports, Inc. (collectively, “Video Game
`
`Companies”) filed the following actions in the Northern District of California on June 16, 2016
`
`seeking declaratory judgment: Activision Blizzard Inc. v. Acceleration Bay LLC, C.A. No. 3:16-
`
`3375 (N.D. Cal.), Take-Two Interactive Software, Inc. et al. v. Acceleration Bay LLC, C.A. No.
`
`
`
`Case 1:16-cv-00776-RGA Document 33 Filed 09/15/16 Page 2 of 3 PageID #: 1211
`
`3:16-3377 (N.D. Cal.), and Electronic Arts Inc. v. Acceleration Bay LLC, C.A. No. 3:16-3378
`
`(N.D. Cal.) (collectively, the “DJ Actions”);
`
`WHEREAS Acceleration Bay LLC (“Acceleration Bay”) filed the following actions in
`
`the District of Delaware on June 17, 2016: Acceleration Bay LLC v. Activision Blizzard Inc.,
`
`C.A. No. 16-453-RGA (D. Del.), Acceleration Bay LLC v. Electronic Arts Inc., C.A. No. 16-454-
`
`RGA (D. Del.), and Acceleration Bay LLC v. Take-Two Interactive Software, Inc. et al.,
`
`C.A. No. 16-455-RGA (D. Del.) (collectively, the “New Delaware Actions”);
`
`WHEREAS the Video Game Companies filed a Motion to Dismiss, Stay or Transfer the
`
`New Delaware Actions on July 8, 2016 (e.g., C.A. No.16-453-RGA, D.I. 6) (“Motion to
`
`Dismiss, Stay or Transfer”), and that motion is still pending;
`
`WHEREAS on September 1, 2016, Judge Seeborg in the Northern District of California
`
`granted Acceleration Bay’s motion to transfer the DJ Actions to the District of Delaware;
`
`WHEREAS the DJ Actions were transferred to the District of Delaware and docketed as
`
`Activision Blizzard Inc. v. Acceleration Bay LLC, C.A. No. 16-774-RGA (D. Del.), Take-Two
`
`Interactive Software, Inc. et al. v. Acceleration Bay LLC, C.A. No. 16-775-RGA (D. Del.), and
`
`Electronic Arts Inc. v. Acceleration Bay LLC, C.A. No. 16-776-RGA (D. Del.);
`
`WHEREAS the parties have agreed that for the convenience of the parties and the Court
`
`the Video Game Companies will (1) withdraw their Motion to Dismiss, Stay or Transfer and
`
`(2) dismiss the DJ Actions without prejudice, with the Video Game Companies reserving all
`
`rights, including to file the claims asserted in those actions as counterclaims in the 2016
`
`Delaware Actions;
`
`2
`
`
`
`Case 1:16-cv-00776-RGA Document 33 Filed 09/15/16 Page 3 of 3 PageID #: 1212
`
`IT IS HEREBY STIPULATED by the parties, subject to the approval of the Court, that
`
`the above-captioned DJ Actions are dismissed without prejudice. The parties shall each bear
`
`their own costs and attorney fees with respect to the dismissed DJ Actions.
`
`MORRIS, NICHOLS, ARSHT & TUNNELL LLP
`
`POTTER ANDERSON & CORROON LLP
`
`/s/ Jack B. Blumenfeld
`_____________________________________
`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
`
`/s/ Philip A. Rovner
`_____________________________________
`Philip A. Rovner (#3215)
`Jonathan A. Choa (#5319)
`Hercules Plaza
`P.O. Box 951
`Wilmington, DE 19899
`(302) 984-6000
`provner@potteranderson.com
`jchoa@potteranderson.com
`
`Attorneys for Plaintiffs
`
`September 15, 2016
`
`Attorneys for Defendant
`
`SO ORDERED this __________ day of September, 2016
`
`United States District Judge
`
`3
`
`
Accessing this document will incur an additional charge of $.
After purchase, you can access this document again without charge.
Accept $ Charge
Still Working On It
This document is taking longer than usual to download. This can happen if we need to contact the court directly to obtain the document and their servers are running slowly.
Give it another minute or two to complete, and then try the refresh button.
A few More Minutes ... Still Working
It can take up to 5 minutes for us to download a document if the court servers are running slowly.
Thank you for your continued patience.
This document could not be displayed.
We could not find this document within its docket. Please go back to the docket page and check the link. If that does not work, go back to the docket and refresh it to pull the newest information.
Your account does not support viewing this document.
You need a Paid Account to view this document. Click here to change your account type.
Your account does not support viewing this document.
Set your membership
status to view this document.
With a Docket Alarm membership, you'll
get a whole lot more, including:
- Up-to-date information for this case.
- Email alerts whenever there is an update.
- Full text search for other cases.
- Get email alerts whenever a new case matches your search.
One Moment Please
The filing “” is large (MB) and is being downloaded.
Please refresh this page in a few minutes to see if the filing has been downloaded. The filing will also be emailed to you when the download completes.
Your document is on its way!
If you do not receive the document in five minutes, contact support at support@docketalarm.com.
Sealed Document
We are unable to display this document, it may be under a court ordered seal.
If you have proper credentials to access the file, you may proceed directly to the court's system using your government issued username and password.
Access Government Site
