`Trials@uspto.gov
`571-272-7822 Entered: June 3, 2016
`
`
`
`
`UNITED STATES PATENT AND TRADEMARK OFFICE
`____________
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`____________
`
`ACTIVISION BLIZZARD, INC.,
`ELECTRONIC ARTS INC.,
`TAKE-TWO INTERACTIVE SOFTWARE, INC.,
`2K SPORTS, INC., and
`ROCKSTAR GAMES, INC.,
`Petitioner,
`
`v.
`
`ACCELERATION BAY, LLC,
`Patent Owner.
`____________
`
`Cases IPR2015-01951, IPR2015-01953 (Patent 6,714,966 B1)1
`Cases IPR2015-01964, IPR2015-01996 (Patent 6,829,634 B1)
`Cases IPR2015-01970, IPR2015-01972 (Patent 6,701,344 B1)
`____________
`
`
`Before SALLY C. MEDLEY, LYNNE E. PETTIGREW and
`WILLIAM M. FINK, Administrative Patent Judges.
`
`FINK, Administrative Patent Judge.
`
`
`1 This Order applies to each of the listed cases. We exercise our discretion
`to issue one Order to be entered in each case. The parties, however, are not
`authorized to use this caption for any subsequent papers.
`
`
`
`IPR2015-01951, IPR2015-01953 (Patent 6,714,966 B1)
`IPR2015-01964, IPR2015-01996 (Patent 6,829,634 B1)
`IPR2015-01970, IPR2015-01972 (Patent 6,701,344 B1)
`
`
`
`ORDER
`Conduct of the Proceeding
`37 C.F.R. § 42.5
`
`
`
`On June 1, 2016, a conference call was held for the following six
`proceedings: IPR2015-01951, IPR2015-01953, IPR2015-01964, IPR2015-
`01970, IPR2015-01972, and IPR2015-01996 (the “Proceedings”). The
`following individuals were present on the call: Mr. Baughman and Mr.
`Davis, lead and backup counsel, respectively, for Activision Blizzard, Inc.,
`Electronic Arts Inc., Take-Two Interactive Software, Ind., 2K Sports, Inc.,
`and Rockstar Games, Inc. (collectively, “Petitioner”); Mr. Hannah, lead
`counsel for Acceleration Bay, LLC (“Patent Owner”); and Judges Medley,
`Pettigrew, and Fink.
`The call was scheduled pursuant to an email from Patent Owner
`requesting the Board’s authorization to apply for a subpoena to compel the
`testimony of Petitioner’s declarant, Mr. Christopher Butler. According to
`the email, Mr. Butler will agree to appear for deposition if Patent Owner
`issues a subpoena. On the call, counsel for Patent Owner explained that Mr.
`Butler is an employee of a third-party and his employer would not
`voluntarily allow him to appear for deposition in the absence of a subpoena.
`Petitioner does not oppose the request.
`A party in a contested case may apply to a United States District
`Court for a subpoena to compel testimony. 35 U.S.C. § 24. A party seeking
`a subpoena to compel testimony must first obtain authorization from the
`Board. 37 C.F.R. § 42.52(a). Petitioner provided Mr. Butler’s direct
`
`2
`
`
`
`IPR2015-01951, IPR2015-01953 (Patent 6,714,966 B1)
`IPR2015-01964, IPR2015-01996 (Patent 6,829,634 B1)
`IPR2015-01970, IPR2015-01972 (Patent 6,701,344 B1)
`
`testimony in these Proceedings as supplemental evidence via declaration, so
`cross-examination of Mr. Butler is authorized as routine discovery. 37
`C.F.R. § 42.51(b)(1)(ii). Because the requested discovery is routine and
`Patent Owner’s request for authorization to seek a subpoena is unopposed,
`we waive the requirement that Patent Owner file a motion for authorization
`and hereby grant Patent Owner’s request for authorization to compel Mr.
`Butler’s cross examination testimony. See 37 C.F.R. § 42.5(b).
`The default time limit for compelled testimony is four hours for cross-
`examination, and two hours for redirect examination. 37 C.F.R.
`§ 42.53(c)(1). The parties did not request any deviation from this default
`time limit. Because Mr. Butler’s deposition is for the purposes of cross-
`examination, the scope of the deposition is limited to the scope of his
`declaration in these cases. 37 C.F.R. § 42.53(d)(5)(ii).
`ORDER
`
`
`
`Accordingly, it is:
` ORDERED that Patent Owner’s request for authorization to compel
`the testimony of Mr. Christopher Butler is granted;
`FURTHER ORDERED that Patent Owner is authorized to obtain a
`subpoena, pursuant to 35 U.S.C. § 24, from the United States District Court
`for the district where the testimony of Mr. Butler is to be taken;
`FURTHER ORDERED that the scope of the subpoena shall be limited
`to cross-examination on the direct testimony provided in Mr. Butler’s
`declaration in these Proceedings; and
`
`3
`
`
`
`IPR2015-01951, IPR2015-01953 (Patent 6,714,966 B1)
`IPR2015-01964, IPR2015-01996 (Patent 6,829,634 B1)
`IPR2015-01970, IPR2015-01972 (Patent 6,701,344 B1)
`
`FURTHER ORDERED that Patent Owner’s cross-examination is not
`to exceed four hours, and Petitioner is permitted to attend the deposition and
`conduct redirect examination not to exceed two hours.
`
`FOR PETITIONER:
`J. Steven Baughman
`Andrew Thomases
`James L. Davis, Jr.
`Matthew R. Shapiro
`Joseph E. Van Tassel
`ROPES & GRAY LLP
`steven.baughman@ropesgray.com
`andrew.thomases@ropesgray.com
`james.l.davis@ropesgray.com
`matthew.shapiro@ropesgray.com
`joseph.vantassel@ropesgray.com
`
`
`
`FOR PATENT OWNER:
`James Hannah
`Michael Lee
`Shannon Hedvat
`KRAMER LEVIN NAFTALIS & FRANKEL LLP
`jhannah@kramerlevin.com
`mhlee@kramerlevin.com
`shedvat@kramerlevin.com
`
`
`4
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