WHEREAS, on December 7, 2018, the Court entered a Stipulated Order which, among other things: • took the trial dates off calendar for C.A.

619), i.e., Acceleration Bay will serve a supplemental damages expert report, EA and Take-Two will serve responsive reports, Acceleration Bay will serve a proffer of the damages case it intends to offer in each of the EA and Take-Two Actions, and the parties will have an opportunity to take depositions and present further briefing" (EA Action D.I.

694); WHEREAS, the parties in the EA and Take-Two Actions also have very different positions regarding how the Damages Order impacts the EA and Take-Two Actions; WHEREAS, the Court has ruled on the Parties' summary judgment motions in the EA Action, but has not yet ruled on Take-Two 's Motion for Summary Judgment ofNoninfringement in the Take-Two Action; and WHEREAS, the Parties met and conferred and agree that it would conserve the resources of the Court and of the parties to defer addressing damages issues until such time as the damages issues in the Activision Action are fully resolved and the Court has had an opportunity to rule on Take-Two' s Motion for Summary Judgment ofNoninfringement; IT IS HEREBY STIPULATED by the parties, subject to the approval of the Court, that the deadlines in the Scheduling Order in the EA Action and the Take-Two Action are taken off calendar until after both the conclusion of the resolution of damages issues in the Activision Action and the Court issues a ruling on Take-Two' s Motion for Summary Judgment of Noninfringement.

Upon the conclusion of the resolution of damages issues in the Activision Action and the issuance of a ruling on Take-Two's Motion for Summary Judgment of Noninfringement, the parties will submit a Joint Report to the Court with proposals on how the damages issues should proceed in the EA and Take-Two Actions.