`
`Case 1:16-cv-00455-RGA Document 455 Filed 01/18/19 Page 1 of 3 PageID #: 31897
`
`IN THE UNITED STATES DISTRICT COURT
`FOR THE DISTRICT OF DELA WARE
`
`ACCELERATION BAY LLC,
`
`Plaintiff,
`
`V.
`
`ELECTRONIC ARTS INC.,
`
`Defendant.
`
`ACCELERATION BAY LLC,
`
`Plaintiff,
`
`V.
`
`TAKE-TWO INTERACTIVE SOFTWARE,
`INC., ROCKSTAR GAMES, INC., and 2K
`SPORTS, INC.,
`
`Defendant.
`
`)
`)
`)
`)
`) C.A. No. 16-454 (RGA)
`)
`)
`)
`)
`
`)
`)
`)
`)
`) C.A. No. 16-455 (RGA)
`)
`)
`)
`)
`)
`
`~STIPULATED ORDER REGARDING CASE MANAGEMENT
`
`WHEREAS, the Court issued an Order (D.I. 513) directing the parties to meet and confer
`
`regarding the schedule for the resolution of damages issues in C.A. No. 16-454 (RGA) (the "EA
`
`Action") and C.A. No. 16-455 (RGA) (the "Take Two Action");
`
`WHEREAS, the parties stipulated that Acceleration Bay' s damages theories based on the
`
`Uniloc verdict are stricken, that Acceleration Bay may serve a single supplemental expert report
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`in each of the EA Action and the Take Two Action, and that the supplemental expert reports
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`shall be substantially similar to the supplemental damages report that Acceleration Bay provided
`
`in C.A. No. 16-453 (RGA) (the "Activision Action");
`
`WHEREAS, the parties stipulated that, in the EA Action and the Take Two Action,
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`Acceleration Bay will serve a supplemental damages expert report, EA and Take Two will serve
`
`
`
`I
`
`,,..
`
`Case 1:16-cv-00455-RGA Document 455 Filed 01/18/19 Page 2 of 3 PageID #: 31898
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`•
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`responsive reports, Acceleration Bay will serve a proffer of the damages case it intends to offer
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`in each of the EA and Take Two Actions, and the parties will have an opportunity to take
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`depositions and present further briefing;
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`WHEREAS, the parties have conferred regarding the resolution of damages issues in
`
`these actions and reached agreement on various issues, as set forth in their December 7, 2018
`
`stipulation (D.I. 512), but were unable to reach agreement on other case management issues; and
`
`WHEREAS, the Court scheduled oral argument on the parties' motions for summary
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`judgment in the EA Action to be held of February 28, 2019 (D.I. 517);
`
`WHEREAS, the Parties have agreed to follow the staggering of dates as set forth in the
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`Activision case, but disagree when the process should begin;
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`WHEREAS, as set forth below, Acceleration Bay requests that the process commence
`
`after the Court has ruled on the damages issues in the Activision case, and Defendants request
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`that the process commence in late February 2019.
`
`The parties' proposals are set forth below and will be explained in letters to be filed
`
`tomorrow.
`
`2
`
`
`
`Case 1:16-cv-00455-RGA Document 455 Filed 01/18/19 Page 3 of 3 PageID #: 31899
`
`Acceleration Bay's Pro .
`
`EA Action
`
`Take Two Action
`
`Acceleration Bay serves
`supplemental damages
`expert report
`
`30 days after the Court
`rules on the parties'
`damages motions in the
`Activision Action
`
`40 days after the Court
`rules on the parties'
`damages motions in the
`Activision Action
`
`B.
`
`EA and Take Two's Proposal:
`
`POTTER ANDERS N & CORROON LLP
`
`MORRIS, NICHOLS, ARSHT & TUNNELL LLP
`
`Isl Philip A. Rovner
`Philip A. Rovner(# 3215)
`Jonathan A. Choa (#5319)
`1313 North Market Street 6th Floor
`Wilmington, Delaware 19801
`(302) 984-6000
`provner@potteranderson.com
`jchoa@potteranderson.com
`
`Attorneys for Plaintiff
`
`6055953
`
`Isl Jack B. Blumenfeld
`Jack B. Blumenfeld (# 1014)
`Stephen J. Kraftschik (#5623 )
`1201 North Market Street
`P.O. Box 1347
`Wilmington, DE 19899
`(302) 658-9200
`jblumenfeld@mnat.com
`skraftschik@mnat.com
`
`Attorneys for Def endants
`
`SO ORDERED this Juvi~
`
`day of 11'
`
`2019
`
`~ '~
`
`United
`
`tates District Judge
`
`3
`
`
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