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No. 354 SPECIAL MASTER ORDER NO. 14

Document Acceleration Bay LLC v. Take-Two Interactive Software, Inc. et al, 1:16-cv-00455, No. 354 (D.Del. Dec. 28, 2017)

Defendants point out that Dr. Medvidovic’s declaration stated that he had been retained by Accleration Bay to conduct a pre-filing expert analysis of its infringement claims.

P. 26(b)(4), as it is not a “draft of a report ultimately submitted in the litigation”, and work product protection under this Rule does not extend to materials prepared by or for a testifying expert.

Defendants’ request on December 18, 2017 also argues that a recent decision, subsequent to Special Master Order No. 13, supports Defendants’ argument that Dr. Medvidovic’s analysis

Acceleration Bay’s response to Defendants request of December 18, 2017 argues that Dr. Medvidovic’s analysis is work product and need not be produced under the above cited Rule 26.

Thus, according to Plaintiff, Dr. Medvidovic’s pre-filing analysis is covered by the Protective Order in this case which precludes from discovery any conversation or communication between counsel

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No. 382 SECOND SUPPLEMENTAL CLAIM CONSTRUCTION ORDER

Document Acceleration Bay LLC v. Electronic Arts Inc., 1:16-cv-00454, No. 382 (D.Del. Jan. 24, 2018)

The Court, having considered the parties' briefing on claim construction (D.I.

366) 1, and in accordance with the reasoning set forth in the Court's Memorandum Opinion (D.I.

'634119, "each of the broadcast channels" "computers that are equally able to send and receive information" Preamble is limiting.

"peers" "A non-routing table based computer readable medium containing instructions for controlling communications of a participant of a broadcast channel within a network" "A computer-based, non-routing table based, non-switch based method for adding a participant to a network of participants" "A method of disconnecting a first computer from a second computer, the first computer and the second computer being connected to a broadcast channel, said broadcast channel forming an m-regular graph No.

"a hardware component programmed to locate a call-in port of a portal computer" "port ordering algorithm" '497/9, 16 "rule-based procedure for generating an order of portal computer ports in a non-random manner" Furthermore, Term 18 is modified as follows: No.

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No. 422 ORDER: The Mitzenmacher's Report will not be struck (see letters at D.I. 407 and 408 )

Document Acceleration Bay LLC v. Activision Blizzard Inc., 1:16-cv-00453, No. 422 (D.Del. Jan. 17, 2018)

The Court is, nevertheless, concerned that Plaintiffs national counsel cannot be relied upon for "candor to the tribunal."

On February 11, 2016, counsel wrote to the Court, in connection with a discovery dispute, "Acceleration Bay has already represented that there have been no exchanges of diligence information regarding the Asserted Patents between Acceleration Bay and Hamilton Capital or Boeing."

"Acceleration Bay already produced the limited documents that its counsel provided to Hamilton Capital in connection with due diligence."

In the Court's experience, any honest patent lawyer would agree that whether a preamble is limiting is classic claim construction.

It does not take a term off the table to say that we can continue to dispute whether it is limiting, and it also makes no sense to go through a lengthy hearing and never revisit terms 24 and 25 if counsel honestly thought its limiting status remained in dispute.

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