`____________
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`____________
`
`MICROSOFT CORP.
`Petitioner,
`
`v.
`
`WORLDS INC.
`Patent Owner
`IPR2021-00277 (Patent No. 8,082,501)
`
`Declaration of Matthew Skelton
`
`1
`
`MS 1027
`
`
`
`Declaration of Matthew Skelton
`
`Inter Partes Review of US. Patent No. 8,082,501
`
`I, Matthew Skelton, declare:
`
`1.
`
`I am a Senior Attorney within the gaming legal team at Microsoft
`
`Corporation (“Microsoft”). I provide this Declaration in connection with the
`
`above-identified Inter Partes Review (“IPR”) proceeding. Unless otherwise stated,
`
`the facts stated in this Declaration are based on my personal knowledge or based
`
`on corporate knowledge.
`
`2.
`
`I have personal knowledge concerning Microsoft’s relationship with
`
`Bungie, Inc. (“Bungie”). I am aware that on or before October, 2007, Bungie,
`
`which had been acquired and a part of Microsoft since 2000, was reconstituted as
`
`an independent company. To my knowledge, the newly reconstituted Bungie
`
`formed and maintained an independent management structure that was responsible
`
`for the company’s day—to—day decision—making. After October 2007, the members
`
`of this independent management structure were not Microsoft employees and were
`
`not controlled by Microsoft.
`
`3.
`
`In preparation of this declaration, I was made aware that, in 2015,
`
`Bungie prepared and filed a petition for inter partes review (“IPR”) against US.
`
`Patent No. 8,082,501. Based on my knowledge of the relationship between
`
`Microsoft and Bungie, I am unaware of any role Microsoft played in the day-toe
`
`day management of Bungie that would have afforded Microsoft control or an
`
`opportunity to control Bungie’s preparation or filing of that IPR petition.
`
`
`
`Declaration of Matthew Skelton
`
`Inter Partes- Review of US. Patent No. 8,082,501
`
`4.
`
`I am also familiar with the Destiny Video game. It is my
`
`understanding that Bungie independently developed Destiny after Bungie’s
`
`reconstitution apart from Microsoft. It is also my understanding that Bungie
`
`entered into an agreement with Activision in April, 2010, pursuant to which
`
`Activision published Destiny for a number of gaming platforms. As such,
`
`Microsoft is not the publisher of Destiny.
`
`5.
`
`I declare that all statements made herein of my own knowledge are
`
`true, and that all statements made on information and belief are believed to be true,
`
`and that these statements were made with the knowledge that willful false
`
`statements and the like so made are punishable by fine or imprisonment, or both,
`
`under Section 1001 of Title 18 of the United States Code.
`
`Dated: November 24, 2020
`
`.
`..
`,
`1/
`7
`44/ WVM/VW
`
`
`Matthew Skelton
`
`
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