From: Frankel, Aaron Sent: Wednesday, December 23, 2015 3:35 PM To: Tomasulo, Mike; Lin, David K.; Kraftschik, Stephen; Myers, Dana; Blumenfeld, Jack; Enzminger, David P.; Cheng, Gino; Kalemeris, Sarah J.; Hodgson, Alissa C Cc: Andre, Paul; Kobialka, Lisa; Hannah, James; Lee, Hannah; 'Philip A. Rovner'; 'Jonathan A. Choa' Subject: RE: Acceleration Bay Actions Mike, We are deeply troubled by Defendants’ approach to core technical discovery, and we will be requesting a hearing date with the Court on a motion to compel and for contempt.

To partially mitigate further prejudice caused by Defendants’ misguided approach to core discovery, Plaintiff requests that it be permitted to conduct its inspection with its technical consultant upon the filing of the stipulation.

So with these three different defendants, I think it makes sense to kind of split that up and keep uniform what's going to affect the Court, which are the dates for claim construction, things of that nature.

MR. BLUMENFELD: But to get back to where I was, There's no reason to overlap these expert reports or that it's now the middle of October and they want document anything of that nature because they are going to be production completed in the first case by Activision in separate networks.

And I guess in the infringement context, and now I'm actually thinking about, you know, we're talking about source code and such things, so maybe that's not so likely, and if it is likely, the parties may very well not want to be sharing their highly confidential stuff with each other.

tlni-‘subpoena is di1'ecIe(iI d Production.’ YOU ARE COMMANDED to produce at the time, date, and place set forth below the following documents, electronically stored information, or objects, and to permit inspection, copying, testing, or sampling of the material: See Exhibit A. ’_,

If an objection is made, the following rules apply: (l) At any time, on notice to the commanded person, the sewing party may move the court for the district where compliance is required for an order compelling production or inspection.

The court for the district where compliance is required—and also, utter a motion is transferred, the issuing court—-«may hold in contempt ti person who, having been sewed, fails without adequate excuse to obey the subpoena or an order related to it.

The terms “concerning,” “relating to,” “relate to,” “refer to” and “referring to” mean alluding to, responding to, connected with, commenting on, in respect of, about, regarding, discussing, showing, identifying, describing, mentioning, reflecting, analyzing, comprising, constituting, evidencing, supporting, refuting, contradicting, memorializing, pertaining to, bearing upon or illuminating the subject matter into which inquiry is made.

All documents, communications, and things relating to small-world wide area networks (SWAN), including but not limited to software, application program interface manuals, articles, abstracts, publications, product literature, white papers, and specifications.

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