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No. 461 MEMORANDUM ORDER: The Special Master's Order No. 13 (D.I. 361 see CA 16-453-RGA) is ADOPTED

Document Acceleration Bay LLC v. Activision Blizzard Inc., 1:16-cv-00453, No. 461 (D.Del. Feb. 9, 2018)

The Court reviews the Special Master's order de nova as to factual findings and legal conclusions, and for abuse of discretion as to procedural matters.

A document will be granted protection from disclosure if the court finds that the "primary" purpose behind its creation was to aid in possible future litigation.

I accordingly overrule Plaintiffs objection to the Special Master's Order on the ground that the communications are non-discoverable attorney work product.

Furthermore, the Special Master explained that the "documents were provided before any agreement was reached between Plaintiff and Hamilton Capital, and before any litigation was filed."

Plaintiff, on the other hand, argues that the communications are "irrelevant to the limited scope of discovery permitted by the Court" in a past Order.

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Analyze Judge
- William Bryson
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- Acceleration Bay
- Allen M. -SM- Terrell, JR.
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- Kramer Levin Naftalis & Frankel
- Potter Anderson & Corroon

No. 370 MEMORANDUM OPINION providing claim construction for multiple terms in U.S. Patent No. 6,701,344, ...

Document Acceleration Bay LLC v. Take-Two Interactive Software, Inc. et al, 1:16-cv-00455, No. 370 (D.Del. Jan. 17, 2018)

Extrinsic evidence may assist the court in understanding the underlying technology, the meaning of terms to one skilled in the art, and how the invention works.

r Accordingly, in light of the intrinsic evidence, it would be clear to a person of ordinary skill in the art that "network" refers to a "broadcast channel."

Term 24: "A non-routing table based computer readable medium containing instructions for controlling communications of a participant of a broadcast channel within a network" ('634/19) a. Plaintiff's proposed construction: Not indefinite and covers patent eligible subject matter.

Accordingly, given that the parties agree that "non-routing table based computer-readable medium" is "nonsensical," claim 19 of the '634 patent "fail[s] to inform, with reasonable certainty, those skilled in the art about the scope of the invention."

Third, Defendants argue that Plaintiffs "continued ... advance[ ment o:fJ new interpretations of 'routing table's' meaning in the IPRs to distinguish other prior art" renders term 25 indefinite.

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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
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No. 400 MEMORANDUM ORDER: The Special Master's Order No. 13 (D.I. 361 see CA 16-453-RGA) is ADOPTED

Document Acceleration Bay LLC v. Electronic Arts Inc., 1:16-cv-00454, No. 400 (D.Del. Feb. 9, 2018)

The Court reviews the Special Master's order de nova as to factual findings and legal conclusions, and for abuse of discretion as to procedural matters.

A document will be granted protection from disclosure if the court finds that the "primary" purpose behind its creation was to aid in possible future litigation.

I accordingly overrule Plaintiffs objection to the Special Master's Order on the ground that the communications are non-discoverable attorney work product.

Furthermore, the Special Master explained that the "documents were provided before any agreement was reached between Plaintiff and Hamilton Capital, and before any litigation was filed."

Plaintiff, on the other hand, argues that the communications are "irrelevant to the limited scope of discovery permitted by the Court" in a past Order.

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

No. 432 SECOND SUPPLEMENTAL CLAIM CONSTRUCTION ORDER

Document Acceleration Bay LLC v. Activision Blizzard Inc., 1:16-cv-00453, No. 432 (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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