The undersigned hereby certifies that copies of Response to Plaintiff Acceleration Bay LLC’s [Third] Set of Requests for Production of Documents to Defendant Activision Blizzard, Inc. (Nos. 80-101) were caused to be served on January 22, 2016 upon the following in the manner indicated: Philip A. Rovner, Esquire Jonathan A. Choa, Esquire POTTER ANDERSON & CORROON LLP 1313 North Market Street, 6th Floor Wilmington, DE 19801 Attorneys for Plaintiff Paul J. Andre, Esquire Lisa Kobialka, Esquire James R. Hannah, Esquire KRAMER LEVIN NAFTALIS & FRANKEL LLP 990 Marsh Road Menlo Park, CA 94025 Attorneys for Plaintiff Aaron M. Frankel, Esquire KRAMER LEVIN NAFTALIS & FRANKEL LLP 1177 Avenue of the Americas New York, NY 10036 Attorneys for Plaintiff

PLEASE TAKE NOTICE that prior to 6 p.m. on January 21, 2016, true and correct copies of the following document were served on the following counsel of record at the addresses and in the manner indicated:

The undersigned hereby certifies that copies of Defendant Activision Blizzard, Inc.’s Responses to Plaintiff Acceleration Bay LLC’s Second Set of Requests for Production of Documents (Nos. 73-79) were caused to be served on January 19, 2016 upon the following in the manner indicated: Philip A. Rovner, Esquire Jonathan A. Choa, Esquire POTTER ANDERSON & CORROON LLP 1313 North Market Street, 6th Floor Wilmington, DE 19801 Attorneys for Plaintiff Paul J. Andre, Esquire Lisa Kobialka, Esquire James R. Hannah, Esquire KRAMER LEVIN NAFTALIS & FRANKEL LLP 990 Marsh Road Menlo Park, CA 94025 Attorneys for Plaintiff Aaron M. Frankel, Esquire KRAMER LEVIN NAFTALIS & FRANKEL LLP 1177 Avenue of the Americas New York, NY 10036 Attorneys for Plaintiff

Pursuant to Local Rule 83.5 and the attached certification, counsel moves the admission pro hac vice of Daniel K. Webb of WINSTON & STRAWN LLP, 35 W. Wacker Drive, Chicago, IL 60601 to represent defendant Activision Blizzard, Inc. in this matter.

Gafumenfeflf Jack B. Blumenfeld (#1014) 1201 North Market Street P.O.

IT IS HEREBY ORDERED that counsel’s motion for admission pro hac vice of Daniel K. Webb is granted.

1 Pursuant to Local Rule 83.5, I certify that I am eligible for admission to this Court, am admitted, practicing and in good standing as a member of the Bar of the State of Illinois and pursuant to Local Rule 83.6 submit to the disciplinary jurisdiction of this Court for any alleged misconduct which occurs in the preparation or course of this action.

In accordance with Standing Order for District Court Fund effective 3/25/14, I further certify that the annual fee of $25.00 has been paid D to the Clerk of Court, or, if not paid previously, the fee payment will be submitted E to the Clerk’s Office upon the filing of this motion.

The undersigned hereby certifies that copies of Activision’s Responses to Plaintiff Acceleration Bay LLC’s First Set of Common Interrogatories (Nos. 1-4) were caused to be served on January 10, 2016 upon the following in the manner indicated: Philip A. Rovner, Esquire Jonathan A. Choa, Esquire POTTER ANDERSON & CORROON LLP 1313 North Market Street, 6th Floor Wilmington, DE 19801 Attorneys for Plaintiff Paul J. Andre, Esquire Lisa Kobialka, Esquire James R. Hannah, Esquire KRAMER LEVIN NAFTALIS & FRANKEL LLP 990 Marsh Road Menlo Park, CA 94025 Attorneys for Plaintiff Aaron M. Frankel, Esquire KRAMER LEVIN NAFTALIS & FRANKEL LLP 1177 Avenue of the Americas New York, NY 10036 Attorneys for Plaintiff

Dear Judge Andrews: Defendants have decided to ignore the Court’s Scheduling Order that required them to “produce to Plaintiff the core technical documents related to the accused product(s) and accused networking functionalities (to the extent such documents exist), including but not limited to operation manuals, product literature, schematics, and specifications” by December 16, 2015.

Defendants Failed to Provide Schematics, Specifications and Other Non-Source Code Documents Describing the Accused Products and Networking Functionality 1 All citations are to Acceleration Bay v. Electronic Arts Inc., Case No. 15-282-RGA.

There is no dispute that the responsive confidential core technical documents which the Court ordered Defendants to produce are critical given the specific infringement issues in these cases.

At Defendants’ insistence, under the protective order Acceleration Bay can only access source code by scheduling inspections during limited hours and cannot, inter alia, take notes with a computer, make a single copy, print more than a limited number of pages, scan the source code or share it electronically among the litigation team.

Nevertheless, in view of Defendants’ failures to produce the core technical documents by December 16, 2015, as required by the Scheduling Order and the upcoming February 17, 2016 deadline for infringement contentions, it is necessary to seek relief from the Court.

P. 12(b)(6), Defendant Activision|Blizzard, Inc. (“Activision”) moves to dismiss the induced infringement claims (Counts IV, VII, and IX) of Plaintiff’s Amended Complaint (D.I.

The grounds for this motion are more fully set forth in Activision’s Opening Brief, filed herewith.

This ___ day of ________ 2015, having considered Defendant Activision|Blizzard, Inc.’s Motion to Dismiss Plaintiff’s Claims of Induced Infringement for failure to state a claim pursuant to Fed. R. Civ.

IT IS HEREBY ORDERED that Defendant Activision|Blizzard, Inc.’s Motion to Dismiss Plaintiff’s Claims of Induced Infringement is GRANTED.

Plaintiff’s claims of induced infringement (Counts IV, VII, and IX) are dismissed.

PLEASE TAKE NOTICE that, pursuant to Rule 45 of the Federal Rules of Civil Procedure, Plaintiff Acceleration Bay will serve or have served the subpoena attached hereto as Exhibit A on Bungie, LLC, 434 Kirkland Way, Kirkland WA 98033.

PLEASE TAKE NOTICE that, pursuant to Rule 45 of the Federal Rules of Civil Procedure, Plaintiff Acceleration Bay will serve or have served the subpoena attached hereto as Exhibit A on Bungie, Inc., c/o CT Corporation System, 505 Union Ave.

SE, Suite 120, Olympia, WA 98501.