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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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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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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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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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No. 491 NOTICE of Withdrawal of Counsel Stephen J. Kraftschik, by 2K Sports, Inc., Rockstar Games, ...

Document Acceleration Bay LLC v. Take-Two Interactive Software, Inc. et al, 1:16-cv-00455, No. 491 (D.Del. Feb. 14, 2020)
PLEASE TAKE NOTICE THAT Stephen J. Kraftschik of MORRIS, NICHOLS, ARSHT & TUNNELL LLP hereby withdraws as counsel to defendants Take-Two Interactive Software, Inc., Rockstar Games, Inc. and 2K Sports, Inc. (collectively “Defendants”) in the above-captioned matter.
Defendants will continue to be represented by the firms of MORRIS, NICHOLS, ARSHT & TUNNELL LLP and WINSTON & STRAWN LLP.
Jack B. Blumenfeld (#1014) Stephen J. Kraftschik (#5623) 1201 North Market Street P.O.
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No. 356 SO ORDERED re Supplemental Claim Construction Order

Document Acceleration Bay LLC v. Take-Two Interactive Software, Inc. et al, 1:16-cv-00455, No. 356 (D.Del. Dec. 28, 2017)
The Court, having considered the parties' briefing on claim construction (D.1.
321 )1, and in accordance with the reasoning set forth in the Court's Memorandum Opinions (D.1.
"thus the graph is configured to maintain a non-complete state" "data" "broadcast channel(s)"
plain and ordinary meaning "communications network consisting of interconnected participants where each participant receives all data broadcasted on that communications network"
"connection port search message" "in order to maintain an m-regular graph"
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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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No. 423 MEMORANDUM OPINION providing claim construction for multiple terms in U.S. Patent No. 6,701,344, ...

Document Acceleration Bay LLC v. Activision Blizzard Inc., 1:16-cv-00453, No. 423 (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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No. 487

Document Acceleration Bay LLC v. Take-Two Interactive Software, Inc. et al, 1:16-cv-00455, No. 487 (D.Del. Feb. 5, 2020)

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No. 488

Document Acceleration Bay LLC v. Take-Two Interactive Software, Inc. et al, 1:16-cv-00455, No. 488 (D.Del. Feb. 5, 2020)

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No. 489

Document Acceleration Bay LLC v. Take-Two Interactive Software, Inc. et al, 1:16-cv-00455, No. 489 (D.Del. Feb. 5, 2020)

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No. 375

Document Acceleration Bay LLC v. Electronic Arts Inc., 1:16-cv-00454, No. 375 (D.Del. Jan. 17, 2018)

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No. 345

Document Acceleration Bay LLC v. Take-Two Interactive Software, Inc. et al, 1:16-cv-00455, No. 345 (D.Del. Dec. 20, 2017)

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