`
`IN THE UNITED STATES DISTRICT COURT
`FOR THE DISTRICT OF DELAWARE
`
`ACCELERATION BAY LLC,
`
`Plaintiff,
`
`v.
`
`ACTIVISION BLIZZARD, INC.,
`
`Defendant.
`
`)
`)
`)
`)
`)
`)
`)
`)
`)
`
`C.A. No. 16-453 (WCB)
`
`STIPULATION AND ORDER TO SUBSTITUTE EXPERT WITNESSES
`
`WHEREAS, several years have passed since expert discovery was conducted in this case
`
`and, in the intervening years, there have been material professional and personal developments of
`
`Defendant Activision Blizzard, Inc.’s (“Activision”) original experts on the issue of non-
`
`infringement (see D.I. 771);
`
`WHEREAS, Activision desires to substitute its original expert witnesses on issues of non-
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`infringement for purposes of trial;
`
`WHEREAS, Plaintiff Acceleration Bay LLC (“Acceleration Bay”) has agreed to
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`substitution per the terms of this stipulation;
`
`WHEREAS, in view of the above-described material developments, the parties stipulate
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`and agree that there is good cause to substitute Drs. Kelly and Macedonia in this proceeding
`
`pursuant to the schedule and restrictions below:
`
`1.
`
`Activision
`
`will
`
`substitute
`
`its
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`previous
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`technical
`
`experts—
`
`Dr. Michael R. Macedonia and Dr. John J. Kelly—with one new technical expert.
`
`2.
`
`Activision shall identify to Acceleration Bay its substitute expert by no later than
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`May 26, 2023. Activision’s substitute expert must be available to testify at the April 29, 2024, trial
`
`setting.
`
`
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`Case 1:16-cv-00453-WCB Document 777 Filed 05/23/23 Page 2 of 3 PageID #: 54992
`
`3.
`
`After clearing objections under the protective order, Activision’s substitute expert
`
`shall identify, by report and paragraph number, adopted opinions by no later than August 25, 2023.
`
`Activision’s substitute expert shall not offer new opinions, rely on new documents or exhibits, or
`
`provide supplemental reports without agreement by the parties.
`
`4.
`
`5.
`
`Activision’s substitute expert shall not adopt or offer opinions on invalidity.
`
`After the substitute expert provides the identification of adopted opinions,
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`Acceleration Bay will be allowed to take a one-day (7 hour) deposition of the substitute expert by
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`November 17, 2023.
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`6.
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`Activision will cover the cost of the court reporter and transcript for the deposition
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`of the substitute expert.
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`7.
`
`Acceleration Bay may use the deposition transcripts of Drs. Macedonia and Kelly
`
`during cross-examination of the substitute expert on issues germane to adopted opinions. The
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`parties will continue to confer on which portions of those depositions may be used during cross-
`
`examination given the narrowing of issues in this case since those depositions were taken.
`
`POTTER ANDERSON & CORROON LLP
`
`MORRIS, NICHOLS, ARSHT & TUNNELL LLP
`
`/s/ Philip A. Rovner
`__________________________________
`Philip A. Rovner (#3215)
`Jonathan A. Choa (#5319)
`Hercules Plaza, 6th Floor
`1313 North Market Street
`Wilmington, DE 19801
`(302) 984-6000
`provner@potteranderson.com
`jchoa@potteranderson.com
`
`Attorneys for Plaintiff Acceleration Bay LLC
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`May 22, 2023
`
`/s/ Jack B. Blumenfeld
`__________________________________
`Jack B. Blumenfeld (#1014)
`Jeremy A. Tigan (#5239)
`Cameron P. Clark (#6647)
`1201 North Market Street
`P.O. Box 1347
`Wilmington, DE 19899
`(302) 658-9200
`jblumenfeld@morrisnichols.com
`jtigan@morrisnichols.com
`cclark@morrisnichols.com
`
`Attorneys for Defendant Activision Blizzard,
`Inc.
`
`2
`
`
`
`Case 1:16-cv-00453-WCB Document 777 Filed 05/23/23 Page 3 of 3 PageID #: 54993
`
`SO ORDERED this 23rd day of May, 2023.
`
`WILLIAM C. BRYSON
`UNITED STATES CIRCUIT JUDGE
`
`3
`
`
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