SUSMAN GODFREY L.L.P.
`
`A R E G I S T E R E D L I M I T E D L I A B I L I T Y P A R T N E R S H I P
`
`
`
`S U I T E 5 1 0 0
`
`1 0 0 0 L O U I S I A N A S T R E E T
`
`HOU S TON , T E X AS 7 7 0 0 2 - 5 0 9 6
`
`(713) 651-9366
`
`FAX (713) 654-6666
`
`www.susmangodfrey.com
`
`__________
`
`
`
`Suite 5100
`
`Suite 950
`
`Suite 3800
`
`15th Floor
`
`901 Main Street
`
`1901 Avenue of the Stars
`
`1201 Third Avenue
`
`560 Lexington Avenue
`
`Dallas, Texas 75202-3775
`
`Los Angeles, California 90067-6029
`
`Seattle, Washington 98101-3000
`
`New York, New York 10022-6828
`
`(214) 754-1900
`
`__________
`
`(310) 789-3100
`
`__________
`
`(206) 516-3880
`
`__________
`
`(212) 336-8330
`
`__________
`
`E-Mail RCaughey@susmangodfrey.com
`
`
`
`
`
`Ryan Caughey
`
`Direct Dial (713) 653-7823
`
`
`
`
`November 13, 2014
`
`VIA E-MAIL
`
`Gene W. Lee
`Ropes & Gray LLP
`1211 Avenue of the Americas
`New York, NY 10036-8704
`
`Re: Worlds Inc. v. Activision Blizzard et al.
`
`Dear Gene:
`
`We are writing to follow up on our call from Monday, to address two issues we have
`not closed the loop on: accused products and email discovery.
`
`
`1. Accused Products
`
`
`On our call, you explained that Defendants are unwilling to go forward with technical
`30(b)(6) depositions or, subject to further investigation, complete their document pro-
`duction until Defendants know whether Worlds intends to add additional accused
`products to the lawsuit.
`
`Worlds does intend to add Call of Duty: Advanced Warfare, Destiny, and World of
`Warcraft: Warlords of Draenor to the lawsuit. Worlds also reserves the right to add
`any future titles to this lawsuit, to the extent Defendants release additional infringing
`titles. Will Defendants stipulate that Advanced Warfare and Destiny operate materially
`the same as recent Call of Duty titles, and that Warlords of Draenor, which we under-
`stand to be simply an expansion pack, operates materially the same as World of
`Warcraft?
`
`
`3415740v2/013049
`
`Exhibit 2004
`Page 1 of 3
`
`

`
`
`
`November 13, 2014
`Page 2
`
`
`
`If Defendants will not stipulate, Worlds requests that Defendants promptly make the
`source code available for inspection for those three titles. Then, Worlds will agree to
`serve preliminary infringement contentions within 45 days of reviewing the source
`code. At that point, the titles would be accused products in this case, and the parties
`could progress with discovery into those titles and 30(b)(6) depositions. This was the
`procedure we used for Call of Duty: Ghosts. Please let us know if you agree.
`
`
`2. Email Discovery
`
`
`We also still need to address email discovery. I want to clarify our request on this is-
`sue. The e-discovery order provides for five custodians per party. Therefore, please
`identify 4 custodians from each of the 3 defendants (Activision Blizzard, Inc., Ac-
`tivision Publishing, Inc., and Blizzard Entertainment, Inc.) most likely to have sent
`and received email messages and documents relevant to the accused products. We will
`reserve one custodian for each of the three companies. For Activision Publishing, Inc.
`and Blizzard Entertainment, Inc., we request that Activision identify two technical
`employees and two marketing employees who are most likely to have sent and re-
`ceived the greatest number of email messages and documents relating to the accused
`products. For Activision Blizzard, we request that you identify the four employees
`most likely to have sent and received email messages and documents relevant to the
`accused products, irrespective of their position.
`
`
`As we explained in our letter of October 28, on November 21, 2013, in connection
`with correspondence on this issue, Mr. Greene asked Worlds for a list of proposed
`search terms pursuant to the e-discovery order. Mr. Greene explained, “[w]e will not
`bind you to the terms that you provide at this time, it would just be helpful for us to
`make sure that we identify the right custodians.” For the technical employees, we an-
`ticipate using terms similar to the following: client, server, avatar, filter, bandwidth.
`For the marketing employees, we anticipate using terms similar to the following: fea-
`ture, user, avatar, multiplayer, bandwidth. Please note that, pursuant to the order,
`Worlds anticipates using individualized terms for each custodian, and the terms identi-
`fied above are merely indicative (i.e., in line with Mr. Greene’s email, Worlds reserves
`the right to amend the proposed terms).
`
`In addition, Worlds anticipates that, because of the significant number of accused
`products, across many platforms, Worlds may need to collect email from additional
`custodians and reserves the right to make such a request to Defendants or the Court in
`the future.
`
`
`Finally, please confirm that, in collecting non-email documents, Defendants have
`searched all relevant central document repositories (including hard-copy document
`
`
`
`2
`
`Exhibit 2004
`Page 2 of 3
`
`

`
`
`
`November 13, 2014
`Page 3
`
`
`
`repositories), as well as the files of individual custodians who possess or control rele-
`vant information.
`
`* * *
`
`
`Please let us know your positions on these issues. If you have any issues with the
`foregoing, we would like to set up a call next Monday or Tuesday to discuss.
`
`
`Sincerely,
`
`/s/ Ryan V. Caughey
`
`3
`
`
`
`
`
`Exhibit 2004
`Page 3 of 3