28, No. 5, 1980 (“McQuil- lan”) Ex. 1008 Yogen Kantilal Dalal, “Broadcast Protocols in Packet Switched Com- puter Networks,” (Ph.D. Thesis, Stanford University 1977) (“Dalal”) Ex. 1009 Katia Obraczka, et al., “A Tool for Massively Replicating Internet Ar- chives: Design, Implementation, and Experience,” Proceedings of the 16th International Conference on Distributed Computing Systems, 27- 30 May 1996, Hong Kong (New York, NY: 1996), 657-664 (“Obraczka Paper”) Ex. 1010 Katia Obraczka, “Massively Replicating Services In Wide-Area Inter- networks,” (Ph.D. Thesis, University of Southern California December 1994) (“Obraczka”) Ex. 1011 Jose Rufino, et al., “A Study On The Inaccessibility Characteristics Of ISO 8802/4 Token-Bus LANs,” IEEE INFOCOM ’92: The Conference on Computer Communications.

Mullin), 1975 (“Cerf”) Ex. 1016 Stephen M. Grimes certification of English translation attaching Eng- lish translation and original text of Tamás Dénes, “The ‘Evolution’ of Regular Graphs of Even Order by their Verticies,” Matematikai Lapok, 27, 3-4 (1976/1979): 365-377 (“Denes”) Ex. 1017 English language translation from Exhibit 1016: Tamás Dénes, “’The ‘Evolution’ of Regular Graphs of Even Order by their Verticies,” Ma- tematikai Lapok, 27, 3-4 (1976/1979): 365-377 (“Denes”) Ex. 1018 S. Toida, “Construction of Quartic Graphs,” Journal of Combinatorial Theory, Series B, 16.2 (April 1974): 124-133 (“Toida”) Ex. 1019 T. Todd, “The Token Grid Network,” IEEE/ACM Transactions On Networking, 2.3 (June 1994): 279-287 (“Todd”) Ex. 1020 Declaration of Peter John Shoubridge and, as Exhibit A, Peter J. Shoubridge, Adaptive Strategies for Routing in Dynamic Networks, Ph.D. Thesis (Univ.

Since long before the filing date of the ’069 patent, graph theory has been actively applied in a variety of industries and fields, includ- ing integrated circuit design, operations research, and computer networks.

These topologies were routinely represented using graph theory (with computers as nodes, and connections as edges), with mathematical proofs or simulations developed to model the performance and reliability of the network.

“A given refer- ence is ‘publicly accessible’ upon a satisfactory showing that such document has been disseminated or otherwise made available to the extent that persons interested and ordinarily skilled in the subject matter or art exercising reasonable diligence, can locate it.” Bruckelmyer v. Ground Heaters, Inc., 445 F.3d 1374, 1378 (Fed. Cir. 2006).

Before SALLY C. MEDLEY, LYNNE E. PETTIGREW, and WILLIAM M. FINK, Administrative Patent Judges.

Dated: October 5, 2016 Activision Blizzard, Inc., Electronic Arts Inc., Take-Two Interactive Software, Inc., 2K Sports, Inc., and Rockstar Games, Inc. (collectively, “Petitioner”) hereby requests a refund of the $14,800 for the post-institution fee that was previously paid on March 12, 2016.

On September 9, 2016, the Board issued a Decision Denying Institution of this Inter Partes Review of Patent No. 6,910,069 , 37 C.F.R. § 42.108 (Paper No. 11).

Since this case was in the preliminary proceeding stage and no institution of a trial was made, Petitioner is entitled to a refund of the $14,800.00 for the post in- stitution fee and the post-institution excess claim fees.

Respectfully submitted, /Andrew R. Sommer/ Andrew R. Sommer (Reg. No. 53,932) Counsel for Petitioners Activision Blizzard, Inc., Electronic Arts Inc., Take-Two Interactive Software, Inc., 2K Sports, Inc., and Rockstar Games, Inc.

Pursuant to 37 C.F.R. § 42.8, the undersigned, on behalf of and acting in a representative capacity for Petitioners, Activision Blizzard, Inc., Electronic Arts Inc., Take-Two Interactive Software, Inc., 2K Sports, Inc., and Rockstar Games, Inc. (“Petitioners”), hereby submits this Supplemental Mandatory Notice, which provides information regarding related matters under rule 37 C.F.R. § 42.8(b)(2).

On June 16, 2016, Petitioners filed the following actions in the Northern District of California for declaratory judgment of non-infringement of the six Asserted Patents1, including the patent identified in the above-captioned proceeding: Activision Blizzard, Inc. v. Acceleration Bay LLC, Case No. 3:16-cv-

U.S. Patent No. 6,910,069 03375 (N.D Cal., filed June 16, 2016); Electronic Arts Inc. v. Acceleration Bay LLC, Case No.3:16-cv-03378 (N.D.

On June 17, 2016, Acceleration Bay filed the following actions against Petitioners in the District of Delaware asserting infringement of the six Asserted Pa- tents, including the patent identified in the above-captioned proceeding: Acceleration Bay LLC v. Activision Blizzard, Inc., Case No. 1:16-cv-00453 (D.

Petitioners have filed petitions for inter partes review challenging all of the six Asserted Patents.

Acceleration Bay LLC (“Acceleration Bay” or “Patent Owner”) requests that the Board not institute inter partes review because Petitioner has not demonstrated a reasonable likelihood that it would prevail in showing unpatentability of any of the challenged claims on the grounds asserted in its Petition as required under 37 C.F.R. § 42.108(c).

Regardless, the deficiencies of the Petition noted herein, however, are more than sufficient for the Board to find that Petitioner has not met its burden to demonstrate a reasonable likelihood that it would prevail in showing unpatentability of any of the challenged claims.

Petitioner’s proposed Grounds rely on four references: (1) Katia Obraczka, Massively Replicating Services in Wide-Area Internetworks, Ph.D. Thesis, University of Southern California (Ex. 1010, “Obraczka”); (2) Tamás Denes, The “Evolution” of Regular Graphs of Even Order by their Vertices, Matematikai Lapok, 27, 3–4 (Ex. 1016);1 (3) Peter J. Shoubridge et al., Hybrid Routing in Dynamic Networks, IEEE International Conference on Communications (Ex. 1005, “Shoubridge”); and (4) L.G.

…Rather, obviousness requires the additional showing that a person of ordinary skill at the time of the invention would have selected and combined those prior art elements in the normal course of research and development to yield the claimed invention.”) (emphasis added) (citations omitted).

Accordingly, the Petition does not “identify a reason that would have prompted a person of ordinary skill in the relevant field to combine the elements in the way the claimed new invention does.” See KSR Int'l Co. v. Teleflex, Inc., 550 U.S. 398, 418 (2007) (emphasis added).

INTERACTIVE SOFTWARE, INC., 2K SPORTS, INC., and ROCKSTAR

Patent Owner, Acceleration Bay, LLC, hereby appoints the Practitioners associated with KRAMER LEVIN NAFTALIS & FRANKEL LLP, USPTO Customer Number 31013, as its attorneys to prosecute and to transact all business in the Patent Trial & Appeal Board of the United States Patent and Trademark Office connected with the above-identified Inter Partes Review matter.

); Acceleration Bay LLC v. Electronic Arts Inc., Case No. 1:15-cv-00282-RGA (D.

); and Acceleration Bay LLC v. Take-Two Interactive Software, Inc. et al., Case No. 1:15-cv-00311-RGA (D.

Service Information Patent Owner may be served through its counsel identified above.

Dated: April 1, 2016 Patent Owner’s Mandatory Notices

Respectfully submitted, /James Hannah/ James Hannah Registration No. 56,369 Counsel for Patent Owner Patent Owner’s Mandatory Notices

Exhibit Description Ex. 1001 U.S. Patent No. 6,732,147 (“the ’147 patent”) Ex. 1002 U.S. Patent No. 6,732,147 File History Ex. 1003 Expert Declaration of David R. Karger (“Karger”) Ex. 1004 Declaration of Scott Bennett, Ph.D Ex. 1005 Peter J. Shoubridge & Arek Dadej, “Hybrid Routing in Dynamic Net- works,” IEEE International Conference on Communications, Montreal, 1997 (“Shoubridge”) Ex. 1006 Declaration of Steven Silvio Pietrobon attaching as Exhibit F Peter J. Shoubridge, “Adaptive Strategies for Routing in Dynamic Networks” (Ph.D. Thesis, University of South Australia, December 1996) (“Shoubridge Thesis”) Ex. 1007 John M. McQuillan, et al., “The New Routing Algorithm for the AR- PANET,” IEEE Transactions Comms., Vol.

28, No. 5, 1980 (“McQuil- lan”) Ex. 1008 Yogen Kantilal Dalal, “Broadcast Protocols in Packet Switched Com- puter Networks,” (Ph.D. Thesis, Stanford University 1977) (“Dalal”) Ex. 1009 Katia Obraczka, et al., “A Tool for Massively Replicating Internet Ar- chives: Design, Implementation, and Experience,” Proceedings of the 16th International Conference on Distributed Computing Systems, 27- 30 May 1996, Hong Kong (New York, NY: 1996), 657-664 (“Obraczka Paper”) Ex. 1010 Katia Obraczka, “Massively Replicating Services In Wide-Area Inter- networks,” (Ph.D. Thesis, University of Southern California December 1994) (“Obraczka”) Ex. 1011 Jose Rufino, et al., “A Study On The Inaccessibility Characteristics Of ISO 8802/4 Token-Bus LANs,” IEEE INFOCOM ’92: The Conference on Computer Communications.

2 (Picataway, NJ: IEEE Service Center, 1992), 0958-0967 (“Rufino”) Ex. 1012 U.S. Patent No. 6,829,634 (“the ’634 patent”) Ex. 1013 Kuo-Jui Raymond Lin, “Routing and Broadcasting in Two-dimensional Linear Congruential Graphs of Degree Four,” (Master’s Thesis, Con- cordia University, June 1994) (“Kuo-Jui Lin”) Ex. 1014 William S. Davis and David C. Yen, The Information System Consult- ant’s Handbook: Systems Analysis and Design, CRC Press, 1998 (“Da- vis”) Ex. 1015 Topological Design Considerations in Computer Communication Networks, Computer Communication Networks (V.G.

Mullin), 1975 (“Cerf”) Ex. 1016 Stephen M. Grimes certification of English translation attaching Eng- lish translation and original text of Tamás Dénes, “The ‘Evolution’ of Regular Graphs of Even Order by their Verticies,” Matematikai Lapok, 27, 3-4 (1976/1979): 365-377 (“Denes”) Ex. 1017 English language translation from Exhibit 1016: Tamás Dénes, “’The ‘Evolution’ of Regular Graphs of Even Order by their Verticies,” Ma- tematikai Lapok, 27, 3-4 (1976/1979): 365-377 (“Denes”) Ex. 1018 S. Toida, “Construction of Quartic Graphs,” Journal of Combinatorial Theory, Series B, 16.2 (April 1974): 124-133 (“Toida”) Ex. 1019 T. Todd, “The Token Grid Network,” IEEE/ACM Transactions On Networking, 2.3 (June 1994): 279-287 (“Todd”) Ex. 1020 Declaration of Peter John Shoubridge and, as Exhibit A, Peter J. Shoubridge, Adaptive Strategies for Routing in Dynamic Networks, Ph.D. Thesis (Univ.

Respectfully submitted, /Andrew R. Sommer/ Andrew R. Sommer Reg. No. 53,932 Lead Counsel for Petitioners Activision Blizzard, Inc., Electronic Arts Inc., Take- Two Interactive Software, Inc., 2K Sports, Inc., and Rockstar Games, Inc.

Activision Blizzard, Inc., Electronic Arts Inc., Take-Two Interactive Software, Inc., 2K Sports, Inc., and Rockstar Games, Inc., Petitioners

Acceleration Bay, LLC, Patent Owner

Patent Trial and Appeal Board United States Patent and Trademark Office Post Office Box 1450 Alexandria, Virginia 22313-1450 Submitted Electronically via the Patent Review Processing System Pursuant to 37 C.F.R. § 4.28(a)(3), the Petitioners submit the following updated mandatory notice, which supplements the notices of related matters that Petitioners have filed previously: Notice of Related Matters (37 C.F.R. § 42.8(b)(2))

Between March 11 and 12, 2016 Petitioners filed petitions for inter partes review having case numbers IPR2016-00724, -726, and -727.

All other mandatory notices provided in the Petition, including the additional related matters, remain unchanged.