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No. 53 RESPONSE to 48 MOTION for Reconsideration, filed by Activision Blizzard Inc

Document Acceleration Bay LLC v. Activision Blizzard Inc., 1:15-cv-00228, No. 53 (D.Del. Dec. 28, 2015)
Motion for Reconsideration
Plaintiff does not explain how barring any of Plaintiff’s counsel who actually review Defendants’ source code from participating in patent prosecution proceedings is manifestly unjust or clearly erroneous.
Apr. 29, 2015).2 Although Plaintiff uses the words “manifest injustice” in attacking this Court’s resolution of the disputed protective order provisions regarding source code and inter partes review proceedings, it ignores the legal All citations to docket entries refer to C.A.
In order for a court to reconsider a decision due to “manifest injustice,” the record presented must be so patently unfair and tainted that the error is manifestly clear to all who view it.
Nor does Plaintiff cite any case law supporting its position that the Court’s decision on the prosecution bar constitutes an “error [that] is apparent to the point of being indisputable” such that it could be considered manifest injustice warranting reconsideration.
Moreover, according to its website, Plaintiff’s law firm has nearly 50 lawyers in its intellectual property group, and Plaintiff does not explain why barring only those attorneys who actually access Defendants’ source code from participating in the IPRs constitutes manifest injustice.
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No. 52 NOTICE OF SERVICE of Plaintiff Acceleration Bay LLC's Second Set of Requests for Production ...

Document Acceleration Bay LLC v. Activision Blizzard Inc., 1:15-cv-00228, No. 52 (D.Del. Dec. 23, 2015)
PLEASE TAKE NOTICE that prior to 6:00 p.m. on December 23, 2015, true and correct copies of the following document were served on the following counsel of record at the addresses and in the manner indicated:
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No. 51 NOTICE OF SERVICE of Non-Party Linda Magnotti's Objections and Responses to the Subpoena of ...

Document Acceleration Bay LLC v. Activision Blizzard Inc., 1:15-cv-00228, No. 51 (D.Del. Dec. 18, 2015)
PLEASE TAKE NOTICE that on December 17, 2015, true and correct copies of the following document were served on the following counsel of record at the addresses and in the manner indicated:
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No. 50 NOTICE OF SERVICE of Plaintiff Acceleration Bay LLC's Second Set of Requests for Production ...

Document Acceleration Bay LLC v. Activision Blizzard Inc., 1:15-cv-00228, No. 50 (D.Del. Dec. 17, 2015)
ACCELERATION BAY LLC, a Delaware ) Limited Liability Corporation, C.A.
PLEASE TAKE NOTICE that prior to 6:00 p.m. on December 17, 2015, true and correct copies of the following document were served on the following counsel of record at the addresses and in the manner indicated:
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No. 8 MOTION for Pro Hac Vice Appearance of Attorney Paul J. Andre, Esq., Lisa Kobialka, Esq.,James ...

Document Acceleration Bay LLC v. Activision Blizzard Inc., 1:15-cv-00228, No. 8 (D.Del. Apr. 7, 2015)
Motion to Appear Pro Hac Vice
Pursuant to Local Rule 83.5 and the attached certifications, counsel moves the admission pro hac vice of Paul J. Andre, Esq., Lisa Kobialka, Esq., and James Hannah, Esq., Kramer Levin Naftalis & Frankel LLP, 990 Marsh Road, Menlo Park, CA 94025, to represent plaintiff Acceleration Bay LLC in this matter.
CERTIFICATI_Q_I_§lMBY COUNSEL TO BE ADMITTED PRO HAC VICE 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 States of California, Connecticut and New York and the District of Columbia, and pursuant to Local Rule 83.6 submit to the disciplinary jurisdiction of this Court for any alleged.
In accordance with Standing Order for District Couit Fund effective 7/23/09, I t‘urther certify that the annual fee of $25.00 C] has been paid to the Clerk of the Court; or if not paid previously, the fee payrnetit Date: will be submitted to the Clerk’s Office upon the filing of this motion.
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 California, 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.
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 States of California and New York and the District of Columbia, and pursuant to Local Rule 83.6 submit to the disciplinary juriscliction of this Court for any alleged misconduct which occurs in the preparation or course of this action.
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No. 49 PROPOSED Protective Order, by Activision Blizzard Inc., 2K Sports Inc., Rockstar Games Inc., ...

Document Acceleration Bay LLC v. Activision Blizzard Inc., 1:15-cv-00228, No. 49 (D.Del. Dec. 8, 2015)
1.9 “Confidential -- Outside Counsel Only Material” means Confidential Material that the Designating Party believes in good faith has significant competitive value such that unrestricted disclosure to others would create a substantial risk of serious injury.
For information in documentary form (apart from transcripts of depositions, or other pretrial or trial proceedings), the Producing Party shall affix the legend “CONFIDENTIAL,” “CONFIDENTIAL-- OUTSIDE COUNSEL ONLY,” or “RESTRICTED CONFIDENTIAL – SOURCE CODE” on each page that contains Designated Material.
These prohibitions shall begin when access to “CONFIDENTIAL-- OUTSIDE COUNSEL ONLY” or “RESTRICTED CONFIDENTIAL –SOURCE CODE” materials are first received by the affected individual, and shall end one (1) year after the final resolution of this action, including all appeals.
Every individual who has signed the “Acknowledgement and Agreement To Be Bound By Confidentiality Order” attached as Exhibit A, or who received any Designated Material, agrees to subject himself or herself to the jurisdiction of this Court for the purpose of any proceedings related to performance under, compliance with, or violation of this Order.
I, _______________________________________________ [print or type full name], of _______________________ hereby affirm that: Information, including documents and things designated as “Confidential,” “CONFIDENTIAL-- OUTSIDE COUNSEL ONLY,” or “Restricted Confidential – Source Code,” as defined in the Protective Order entered in this Litigation, is being provided to me
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No. 7

Document Acceleration Bay LLC v. Activision Blizzard Inc., 1:15-cv-00228, No. 7 (D.Del. Mar. 31, 2015)

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No. 45

Document Acceleration Bay LLC v. Activision Blizzard Inc., 1:15-cv-00228, No. 45 (D.Del. Nov. 23, 2015)

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No. 44

Document Acceleration Bay LLC v. Activision Blizzard Inc., 1:15-cv-00228, No. 44 (D.Del. Nov. 23, 2015)

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No. 1

Document Acceleration Bay LLC v. Activision Blizzard Inc., 1:15-cv-00228, No. 1 (D.Del. Mar. 11, 2015)

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No. 37

Document Acceleration Bay LLC v. Activision Blizzard Inc., 1:15-cv-00228, No. 37 (D.Del. Nov. 2, 2015)

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No. 36

Document Acceleration Bay LLC v. Activision Blizzard Inc., 1:15-cv-00228, No. 36 (D.Del. Nov. 2, 2015)

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No. 39

Document Acceleration Bay LLC v. Activision Blizzard Inc., 1:15-cv-00228, No. 39 (D.Del. Nov. 2, 2015)

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No. 38

Document Acceleration Bay LLC v. Activision Blizzard Inc., 1:15-cv-00228, No. 38 (D.Del. Nov. 2, 2015)

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No. 33

Document Acceleration Bay LLC v. Activision Blizzard Inc., 1:15-cv-00228, No. 33 (D.Del. Oct. 28, 2015)

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