`
`BUNGIE - EXHIBIT 1046
`Bungie, Inc. v. Acceleration Bay, LLC
`IPR2017-01600
`
`
`
`Case 1:15-cv-00228-RGA Document 155 Filed 06/24/16 Page 2 of 3 PageID #: 4236
`Case 1:15-cv-00228-RGA Document 155 Filed 06/24/16 Page 2 of 3 PagelD #: 4236
`
`, " Potter
`
`fiwi‘ifig Anderson
`
`Mm ma Corroon up
`
`1313 North Market Street
`PO. Box 951
`
`Wilmington, DE 19899-0951
`wwwpoiierondersoncom
`
`302 984 6000
`
`Philip A. Rovner
`Partner
`provner@potteronderson.com
`(302) 984-6140 Direct Phone
`(302) 658—1192 Fax
`
`June 17, 2016
`
`BY CM/ECF & HAND DELIVERY
`The Honorable Richard G. Andrews
`
`U.S. District Court for the District of Delaware
`
`PUBLIC VERSION
`
`US. Courthouse
`
`844 North King Street
`Wilmington, DE 19801
`
`June 24, 2016
`
`Re:
`
`Acceleration Bay LLC v. Activision Blizzard, Inc. et a].
`D. Del., CA. No. 15-228-RGA, 15—282-RGA, 15-311—RGA
`
`Dear Judge Andrews:
`
`Further to the Court’s June 3, 2016 Order in the above-referenced actions (e. g. CA. No.
`15—282-RGA, D.I. 149), 1 write to inform the Court that Boeing will not be joining these cases.
`Instead, Boeing and Plaintiff Acceleration Bay entered into the attached Amended and Restated
`Patent Purchase Agreement and Patent License Agreement, which confirm that Acceleration Bay
`has standing to pursue its claims against the Defendants without Boeing. See Exhibits A and B.
`In View of the foregoing, Acceleration Bay respectfully requests that the above-referenced
`actions be dismissed without prejudice. See Univ. ofPittsburgh v. Varian Med. Sys, Inc, 569
`F.3d 1328, 1332 (Fed. Cir. 2009) (reversing dismissal with prejudice of patent action for lack of
`standing: “The district court should have dismissed the action without prejudice, which would
`allow Pitt to file a second action with the standing defect cured through the joinder of the proper
`parties or an assignment of the necessary patent rights”). A proposed order is attached hereto.
`Acceleration Bay will now refile complaints against the Defendants. The new complaints do not
`add any additional patents and do not change the currently accused products. Acceleration Bay,
`therefore, respectfully requests that the Court reserve the current trial dates, as only minor
`adjustments to the schedule will be necessary in View of the resolution of this standing issue
`within two weeks of the Court’s Order.
`
`Yesterday, before the deadline for Acceleration Bay to cure prudential standing or
`dismissal of the above—referenced actions, Defendants filed declaratory judgment actions against
`Acceleration Bay in the District Court for the Northern District of California. 5:16—0v-03375,
`5:16—cv—03377 and 5: l6-cv -03378. Defendants only named Acceleration Bay as a party to those
`actions, confirming that, in View of the amended agreement with Boeing, Acceleration Bay has
`standing to proceed against Defendants.
`
`
`
`Case 1:15-cv-00228-RGA Document 155 Filed 06/24/16 Page 3 of 3 PageID #: 4237
`Case 1:15-cv-00228-RGA Document 155 Filed 06/24/16 Page 3 of 3 PageID #: 4237
`
`The Honorable Richard G. Andrews
`
`June 17, 2016 PUBLIC VERSION June 24, 2016
`
`Page 2
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`Respectfully,
`
`/s/ Philip A. Rovner
`
`Philip A. Rovner (#3215)
`
`PAR/mah/ 1226729
`
`All Counsel of Record (Via ECF Filing, Electronic Mail)
`cc:
`Attachments
`
`