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No. 66 Letter to the Honorable Richard G. Andrews from Philip A. Rovner, Esq. regarding Discovery ...

Document Acceleration Bay LLC v. Activision Blizzard Inc., 1:15-cv-00228, No. 66 (D.Del. Jan. 11, 2016)

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.

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- Richard Andrews
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- Acceleration Bay
- Allen M. -SM- Terrell, JR.
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- Kramer Levin Naftalis & Frankel
- Potter Anderson & Corroon

No. 11 MOTION to Dismiss - filed by Activision Blizzard Inc

Document Acceleration Bay LLC v. Activision Blizzard Inc., 1:15-cv-00228, No. 11 (D.Del. May. 4, 2015)

Motion to Dismiss

Motion to Dismiss (Demurrer)

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.

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