Worlds Inc (WDDD)

[Savy Investors]

Worlds Pacer document posted 11/25 -

From Pacer filed 11/25




THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF MASSACHUSETTS




WORLDS, INC., )
)
Plaintiff, )
)
v. )
)
ACTIVISION BLIZZARD, INC., ) BLIZZARD ENTERTAINMENT, INC. and ) ACTIVISION PUBLISHING, INC., )
)
Defendants. )




Civil Action No. 1:12-CV-10576 (DJC)

)


WORLDS, INC’S NOTICE OF SUBPOENAS TO THIRD PARTIES


Pursuant to Rules 30(b)(6), 34, and 45 of the Federal Rules of Civil Procedure, Plaintiff Worlds, Inc. intends to serve Infinity Ward, Inc., Sledgehammer Games, Inc., and Treyarch Corporation with subpoenas, attached hereto, commanding production of documents, electronically- stored information, or other tangible things, as well as corporate testimony, as set forth in Schedule A to the subpoenas.


Dated: November 25, 2020 Respectfully submitted,
/s/ Wayne M. Helge Wayne M. Helge (pro hac vice) [e-mail]
Aldo Noto (pro hac vice) [e-mail]
Alan A.Wright (pro hac vice) [e-mail]
Gregory A. Krauss (pro hac vice) [e-mail]
James T. Wilson (pro hac vice) [e-mail]


1




DAVIDSON BERQUIST JACKSON & GOWDEY, LLP
8300 Greensboro Drive, Suite 500
McLean, VA 22102
T: [phone]

Max L. Tribble (pro hac vice) [e-mail] Chanler Langham (pro hac vice) [e-mail] Ryan Caughey (pro hac vice) [e-mail] SUSMAN GODFREY L.L.P.
1000 Louisiana Street, Suite 5100
Houston, Texas 77002
T: [phone]

Joel R. Leeman (BBO # 292070) [e-mail] SUNSTEIN KANN MURPHY & TIMBERS
125 Summer Street
Boston, MA 02110-1618
T: [phone]

ATTORNEYS FOR PLAINTIFF, WORLDS, INC.




CERTIFICATE OF SERVICE

I hereby certify that a true copy of the above document was served upon the attorneys of record for Defendants by email on November 25, 2020.

/s/ Wayne M. Helge
Wayne M. Helge

AO 88B (Rev. 02/14) Subpoena to Produce Documents, Information, or Objects or to Permit Inspection of Premises in a Civil Action
UNITED STATES DISTRICT COURT
for the
District of Massachusetts


WORLDS, INC.
Plaintiff
v.

ACTIVISION BLIZZARD, INC., ET AL
Defendant

)
)
) Civil Action No.
)
)
)



1:12-CV-10576-DJC






To:

SUBPOENA TO PRODUCE DOCUMENTS, INFORMATION, OR OBJECTS OR TO PERMIT INSPECTION OF PREMISES IN A CIVIL ACTION
Infinity Ward, Inc., 21255 Burbank Blvd, Suite 600, Woodland Hills, CA 91367 c/o Corporation Service Company, 251 Little Falls Drive, Wilmington DE 19808


(Name of person to whom this subpoena is directed)
?? Production: YOU ARE COMMANDED to produce at the time, date, and place set forth below the following

documents, electronically stored information, or objects, and to permit inspection, copying, testing, or sampling of the material:See attached Schedule A




? Inspection of Premises: YOU ARE COMMANDED to permit entry onto the designated premises, land, or other property possessed or controlled by you at the time, date, and location set forth below, so that the requesting party
may inspect, measure, survey, photograph, test, or sample the property or any designated object or operation on it.


The following provisions of Fed. R. Civ. P. 45 are attached – Rule 45(c), relating to the place of compliance; Rule 45(d), relating to your protection as a person subject to a subpoena; and Rule 45(e) and (g), relating to your duty to respond to this subpoena and the potential consequences of not doing so.

Date:

11/25/2020



CLERK OF COURT




OR
/s/ Alan A. Wright


Signature of Clerk or Deputy Clerk Attorney’s signature

The name, address, e-mail address, and telephone number of the attorney representing (name of party)
WORLDS, INC. , who issues or requests this subpoena, are:
Alan A. Wright, DBJG LLP, 8300 Greensboro Drive, #500, McLean, VA 22102; [e-mail]; 571-765-7700
Notice to the person who issues or requests this subpoena
If this subpoena commands the production of documents, electronically stored information, or tangible things or the inspection of premises before trial, a notice and a copy of the subpoena must be served on each party in this case before it is served on the person to whom it is directed. Fed. R. Civ. P. 45(a)(4).

AO 88B (Rev. 02/14) Subpoena to Produce Documents, Information, or Objects or to Permit Inspection of Premises in a Civil Action (Page 2)


Civil Action No.

1:12-CV-10576-DJC


PROOF OF SERVICE
(This section should not be filed with the court unless required by Fed. R. Civ. P. 45.)

I received this subpoena for (name of individual and title, if any)
on (date) .


? I served the subpoena by delivering a copy to the named person as follows:


on (date) ; or


? I returned the subpoena unexecuted because:

.

Unless the subpoena was issued on behalf of the United States, or one of its officers or agents, I have also tendered to the witness the fees for one day’s attendance, and the mileage allowed by law, in the amount of
$ .

My fees are $ for travel and $ for services, for a total of $ 0.00 .


I declare under penalty of perjury that this information is true.


Date:
Server’s signature


Printed name and title




Server’s address

Additional information regarding attempted service, etc.:

AO 88B (Rev. 02/14) Subpoena to Produce Documents, Information, or Objects or to Permit Inspection of Premises in a Civil Action(Page 3)
Federal Rule of Civil Procedure 45 (c), (d), (e), and (g) (Effective 12/1/13)


(c) Place of Compliance.

(1) For a Trial, Hearing, or Deposition. A subpoena may command a person to attend a trial, hearing, or deposition only as follows:
(A) within 100 miles of where the person resides, is employed, or regularly transacts business in person; or
(B) within the state where the person resides, is employed, or regularly transacts business in person, if the person
(i) is a party or a party’s officer; or
(ii) is commanded to attend a trial and would not incur substantial expense.

(2) For Other Discovery. A subpoena may command:
(A) production of documents, electronically stored information, or tangible things at a place within 100 miles of where the person resides, is employed, or regularly transacts business in person; and
(B) inspection of premises at the premises to be inspected.

(d) Protecting a Person Subject to a Subpoena; Enforcement.

(1) Avoiding Undue Burden or Expense; Sanctions. A party or attorney responsible for issuing and serving a subpoena must take reasonable steps to avoid imposing undue burden or expense on a person subject to the subpoena. The court for the district where compliance is required must enforce this duty and impose an appropriate sanction—which may include lost earnings and reasonable attorney’s fees—on a party or attorney who fails to comply.

(2) Command to Produce Materials or Permit Inspection.
(A) Appearance Not Required. A person commanded to produce documents, electronically stored information, or tangible things, or to permit the inspection of premises, need not appear in person at the place of production or inspection unless also commanded to appear for a deposition, hearing, or trial.
(B) Objections. A person commanded to produce documents or tangible things or to permit inspection may serve on the party or attorney designated in the subpoena a written objection to inspecting, copying, testing, or sampling any or all of the materials or to inspecting the premises—or to producing electronically stored information in the form or forms requested. The objection must be served before the earlier of the time specified for compliance or 14 days after the subpoena is served. If an objection is made, the following rules apply:
(i) At any time, on notice to the commanded person, the serving party may move the court for the district where compliance is required for an order compelling production or inspection.
(ii) These acts may be required only as directed in the order, and the order must protect a person who is neither a party nor a party’s officer from significant expense resulting from compliance.

(3) Quashing or Modifying a Subpoena.
(A) When Required. On timely motion, the court for the district where compliance is required must quash or modify a subpoena that:
(i) fails to allow a reasonable time to comply;
(ii) requires a person to comply beyond the geographical limits specified in Rule 45(c);
(iii) requires disclosure of privileged or other protected matter, if no exception or waiver applies; or
(iv) subjects a person to undue burden.
(B) When Permitted. To protect a person subject to or affected by a subpoena, the court for the district where compliance is required may, on motion, quash or modify the subpoena if it requires:
(i) disclosing a trade secret or other confidential research, development, or commercial information; or


(ii) disclosing an unretained expert’s opinion or information that does not describe specific occurrences in dispute and results from the expert’s study that was not requested by a party.
(C) Specifying Conditions as an Alternative. In the circumstances described in Rule 45(d)(3)(B), the court may, instead of quashing or modifying a subpoena, order appearance or production under specified conditions if the serving party:
(i) shows a substantial need for the testimony or material that cannot be otherwise met without undue hardship; and
(ii) ensures that the subpoenaed person will be reasonably compensated.

(e) Duties in Responding to a Subpoena.

(1) Producing Documents or Electronically Stored Information. These procedures apply to producing documents or electronically stored information:
(A) Documents. A person responding to a subpoena to produce documents must produce them as they are kept in the ordinary course of business or must organize and label them to correspond to the categories in the demand.
(B) Form for Producing Electronically Stored Information Not Specified. If a subpoena does not specify a form for producing electronically stored information, the person responding must produce it in a form or forms in which it is ordinarily maintained or in a reasonably usable form or forms.
(C) Electronically Stored Information Produced in Only One Form. The person responding need not produce the same electronically stored information in more than one form.
(D) Inaccessible Electronically Stored Information. The person responding need not provide discovery of electronically stored information from sources that the person identifies as not reasonably accessible because of undue burden or cost. On motion to compel discovery or for a protective order, the person responding must show that the information is not reasonably accessible because of undue burden or cost. If that showing is made, the court may nonetheless order discovery from such sources if the requesting party shows good cause, considering the limitations of Rule 26(b)(2)(C). The court may specify conditions for the discovery.

(2) Claiming Privilege or Protection.
(A) Information Withheld. A person withholding subpoenaed information under a claim that it is privileged or subject to protection as trial-preparation material must:
(i) expressly make the claim; and
(ii) describe the nature of the withheld documents, communications, or tangible things in a manner that, without revealing information itself privileged or protected, will enable the parties to assess the claim.
(B) Information Produced. If information produced in response to a subpoena is subject to a claim of privilege or of protection as
trial-preparation material, the person making the claim may notify any party that received the information of the claim and the basis for it. After being notified, a party must promptly return, sequester, or destroy the specified information and any copies it has; must not use or disclose the information until the claim is resolved; must take reasonable steps to retrieve the information if the party disclosed it before being notified; and may promptly present the information under seal to the court for the district where compliance is required for a determination of the claim. The person who produced the information must preserve the information until the claim is resolved.

(g) Contempt.
The court for the district where compliance is required—and also, after a motion is transferred, the issuing court—may hold in contempt a person who, having been served, fails without adequate excuse to obey the subpoena or an order related to it.








SCHEDULE A

Pursuant to Rules 34 and 45 of the Federal Rules of Civil Procedure, Worlds, Inc. hereby requests that Infinity Ward, Inc. produce the following documents, electronically stored information (“ESI”), and tangible things for inspection and copying. The documents, ESI, and tangible things are to be produced at the offices of Davidson, Berquist, Jackson & Gowdey LLP, 8300 Greensboro Dr., Suite 500, McLean, Virginia 22102.
DEFINITION

1. The term “Worlds” means Worlds Inc. with a principal place of business at 11 Royal Road, Brookline, Massachusetts.
2. The term “Worlds Patents” means U.S. Patent Nos. 8,082,501; 7,945,856; 7,493,558; 7,181,690; and 8,145,998, whether collectively or individually.
3. The term “Defendants” means Activision Blizzard, Inc., Blizzard Entertainment, Inc., and Activision Publishing, Inc.
REQUESTS FOR DOCUMENTS

1. All documents related to Infinity Ward’s development of features in Defendants’ games including, but not limited to, the Call of Duty franchise of games including all installments or versions of the Modern Warfare, Ghosts, and Infinite Warfare series of games, that seek to improve the games’ rendering of avatars in a multiplayer game including, but not limited to, allocating computing resources between the game’s server and any clients or users, improving frame rates, controlling the number of user avatars within a game, controlling crowds within a game, and/or control the number of avatars to be rendered within a given virtual space.
2. All documents related to determination of minimum and recommended system requirements for the engines and/or rendering software used in the games Infinity Ward



1




developed for Defendants, including, but not limited to, the Modern Warfare, Ghosts, and Infinite Warfare series of games.
3. All documents related to Infinity Ward’s knowledge of Worlds, the Worlds Patents, and this lawsuit between Worlds and Activision, including when Infinity Ward became aware of each.














































2

AO 88A (Rev. 02/14) Subpoena to Testify at a Deposition in a Civil Action
UNITED STATES DISTRICT COURT
for the
District of Massachusetts


WORLDS, INC.
Plaintiff
v.

ACTIVISION BLIZZARD, INC., ET AL
Defendant

)
)
) Civil Action No.
)
)
)



1:12-CV-10576-DJC





To:

SUBPOENA TO TESTIFY AT A DEPOSITION IN A CIVIL ACTION

Infinity Ward, Inc., 21255 Burbank Blvd, Suite 600, Woodland Hills, CA 91367 c/o Corporation Service Company, 251 Little Falls Drive, Wilmington DE 19808 (Name of person to whom this subpoena is directed)
?? Testimony: YOU ARE COMMANDED to appear at the time, date, and place set forth below to testify at a

deposition to be taken in this civil action. If you are an organization, you must designate one or more officers, directors, or managing agents, or designate other persons who consent to testify on your behalf about the following matters, or those set forth in an attachment:
See attached Schedule A



The deposition will be recorded by this method:

Stenographer and/or videotape





? Production: You, or your representatives, must also bring with you to the deposition the following documents, electronically stored information, or objects, and must permit inspection, copying, testing, or sampling of the
material:




The following provisions of Fed. R. Civ. P. 45 are attached – Rule 45(c), relating to the place of compliance; Rule 45(d), relating to your protection as a person subject to a subpoena; and Rule 45(e) and (g), relating to your duty to respond to this subpoena and the potential consequences of not doing so.


Date:

11/25/2020


CLERK OF COURT



OR
/s/ Alan A. Wright



Signature of Clerk or Deputy Clerk Attorney’s signature
The name, address, e-mail address, and telephone number of the attorney representing (name of party)

WORLDS, INC.

, who issues or requests this subpoena, are:


Alan A. Wright, DBJG LLP, 8300 Greensboro Drive, #500, McLean, VA 22102; [e-mail]; 571-765-7700
Notice to the person who issues or requests this subpoena
If this subpoena commands the production of documents, electronically stored information, or tangible things before trial, a notice and a copy of the subpoena must be served on each party in this case before it is served on the person to whom it is directed. Fed. R. Civ. P. 45(a)(4).

AO 88A (Rev. 02/14) Subpoena to Testify at a Deposition in a Civil Action (Page 2)


Civil Action No.

1:12-CV-10576-DJC


PROOF OF SERVICE
(This section should not be filed with the court unless required by Fed. R. Civ. P. 45.)

I received this subpoena for (name of individual and title, if any)
on (date) .

? I served the subpoena by delivering a copy to the named individual as follows:


on (date) ; or


? I returned the subpoena unexecuted because:

.

Unless the subpoena was issued on behalf of the United States, or one of its officers or agents, I have also tendered to the witness the fees for one day’s attendance, and the mileage allowed by law, in the amount of
$ .

My fees are $ for travel and $ for services, for a total of $ 0.00 .


I declare under penalty of perjury that this information is true.


Date:
Server’s signature


Printed name and title




Server’s address

Additional information regarding attempted service, etc.:


AO 88A (Rev. 02/14) Subpoena to Testify at a Deposition in a Civil Action (Page 3)
Federal Rule of Civil Procedure 45 (c), (d), (e), and (g) (Effective 12/1/13)


(c) Place of Compliance.

(1) For a Trial, Hearing, or Deposition. A subpoena may command a person to attend a trial, hearing, or deposition only as follows:
(A) within 100 miles of where the person resides, is employed, or regularly transacts business in person; or
(B) within the state where the person resides, is employed, or regularly transacts business in person, if the person
(i) is a party or a party’s officer; or
(ii) is commanded to attend a trial and would not incur substantial expense.

(2) For Other Discovery. A subpoena may command:
(A) production of documents, electronically stored information, or tangible things at a place within 100 miles of where the person resides, is employed, or regularly transacts business in person; and
(B) inspection of premises at the premises to be inspected.

(d) Protecting a Person Subject to a Subpoena; Enforcement.

(1) Avoiding Undue Burden or Expense; Sanctions. A party or attorney responsible for issuing and serving a subpoena must take reasonable steps to avoid imposing undue burden or expense on a person subject to the subpoena. The court for the district where compliance is required must enforce this duty and impose an appropriate sanction—which may include lost earnings and reasonable attorney’s fees—on a party or attorney who fails to comply.

(2) Command to Produce Materials or Permit Inspection.
(A) Appearance Not Required. A person commanded to produce documents, electronically stored information, or tangible things, or to permit the inspection of premises, need not appear in person at the place of production or inspection unless also commanded to appear for a deposition, hearing, or trial.
(B) Objections. A person commanded to produce documents or tangible things or to permit inspection may serve on the party or attorney designated in the subpoena a written objection to inspecting, copying, testing, or sampling any or all of the materials or to inspecting the premises—or to producing electronically stored information in the form or forms requested. The objection must be served before the earlier of the time specified for compliance or 14 days after the subpoena is served. If an objection is made, the following rules apply:
(i) At any time, on notice to the commanded person, the serving party may move the court for the district where compliance is required for an order compelling production or inspection.
(ii) These acts may be required only as directed in the order, and the order must protect a person who is neither a party nor a party’s officer from significant expense resulting from compliance.

(3) Quashing or Modifying a Subpoena.

(A) When Required. On timely motion, the court for the district where compliance is required must quash or modify a subpoena that:

(i) fails to allow a reasonable time to comply;
(ii) requires a person to comply beyond the geographical limits specified in Rule 45(c);
(iii) requires disclosure of privileged or other protected matter, if no exception or waiver applies; or
(iv) subjects a person to undue burden.
(B) When Permitted. To protect a person subject to or affected by a subpoena, the court for the district where compliance is required may, on motion, quash or modify the subpoena if it requires:


(i) disclosing a trade secret or other confidential research, development, or commercial information; or
(ii) disclosing an unretained expert’s opinion or information that does not describe specific occurrences in dispute and results from the expert’s study that was not requested by a party.
(C) Specifying Conditions as an Alternative. In the circumstances described in Rule 45(d)(3)(B), the court may, instead of quashing or modifying a subpoena, order appearance or production under specified conditions if the serving party:
(i) shows a substantial need for the testimony or material that cannot be otherwise met without undue hardship; and
(ii) ensures that the subpoenaed person will be reasonably compensated.

(e) Duties in Responding to a Subpoena.

(1) Producing Documents or Electronically Stored Information. These procedures apply to producing documents or electronically stored information:
(A) Documents. A person responding to a subpoena to produce documents must produce them as they are kept in the ordinary course of business or must organize and label them to correspond to the categories in the demand.
(B) Form for Producing Electronically Stored Information Not Specified. If a subpoena does not specify a form for producing electronically stored information, the person responding must produce it in a form or forms in which it is ordinarily maintained or in a reasonably usable form or forms.
(C) Electronically Stored Information Produced in Only One Form. The person responding need not produce the same electronically stored information in more than one form.
(D) Inaccessible Electronically Stored Information. The person responding need not provide discovery of electronically stored information from sources that the person identifies as not reasonably accessible because of undue burden or cost. On motion to compel discovery or for a protective order, the person responding must show that the information is not reasonably accessible because of undue burden or cost. If that showing is made, the court may nonetheless order discovery from such sources if the requesting party shows good cause, considering the limitations of Rule 26(b)(2)(C). The court may specify conditions for the discovery.

(2) Claiming Privilege or Protection.
(A) Information Withheld. A person withholding subpoenaed information under a claim that it is privileged or subject to protection as trial-preparation material must:
(i) expressly make the claim; and
(ii) describe the nature of the withheld documents, communications, or tangible things in a manner that, without revealing information itself privileged or protected, will enable the parties to assess the claim.
(B) Information Produced. If information produced in response to a subpoena is subject to a claim of privilege or of protection as
trial-preparation material, the person making the claim may notify any party that received the information of the claim and the basis for it. After being notified, a party must promptly return, sequester, or destroy the specified information and any copies it has; must not use or disclose the information until the claim is resolved; must take reasonable steps to retrieve the information if the party disclosed it before being notified; and may promptly present the information under seal to the court for the district where compliance is required for a determination of the claim. The person who produced the information must preserve the information until the claim is resolved.

(g) Contempt.
The court for the district where compliance is required—and also, after a motion is transferred, the issuing court—may hold in contempt a person who, having been served, fails without adequate excuse to obey the subpoena or an order related to it.







SCHEDULE A

Pursuant to Rules 30(b)(6) and 45 of the Federal Rules of Civil Procedure, Worlds, Inc. hereby requests that Infinity Ward, Inc. appear at the time, date, and place set forth in the subpoena to testify at a deposition to be taken in this civil action. If you are an organization, you must designate one or more officers, directors, or managing agents, or designate other persons who consent to testify on your behalf about the following topic set forth below.
DEFINITION

1. The term “Worlds” means Worlds Inc. with a principal place of business at 11 Royal Road, Brookline, Massachusetts.
2. The term “Worlds Patents” means U.S. Patent Nos. 8,082,501; 7,945,856; 7,493,558; 7,181,690; and 8,145,998, whether collectively or individually.
3. The term “Defendants” means Activision Blizzard, Inc., Blizzard Entertainment, Inc., and Activision Publishing, Inc.
RULE 30(b)(6) TOPICS

1. Infinity Ward’s development of games for Defendants, and the personnel who contributed to the development of those games including, but not limited to, the Call of Duty franchise of games, including all installments or versions of the Modern Warfare, Ghosts, and Infinite Warfare series of games.
2. Infinity Ward’s development of features, and the personnel who contributed to the development of features, in Defendants’ games including, but not limited to the Call of Duty franchise of games including all installments or versions of the Modern Warfare, Ghosts, and Infinite Warfare series of games, that seek to improve the games’ rendering of avatars in a multiplayer game including, but not limited to, allocating computing resources between the



1




game’s server and any clients or users, improving frame rates, controlling the number of user avatars within a game, controlling crowds within a game, and/or control the number of avatars to be rendered within a given virtual space.
3. The engines used in the games Infinity Ward developed for Defendants, and the personnel who contributed to the development or inclusion of the engines in those games including, but not limited to, the Call of Duty franchise of games, including all installments or versions of the Modern Warfare, Ghosts, and Infinite Warfare series of games.
4. The rendering software used in the games Infinity Ward developed for Defendants, and the personnel who contributed to the development or inclusion of that software in those games including, but not limited to, the Call of Duty franchise of games, including all installments or versions of the Modern Warfare, Ghosts, and Infinite Warfare series of games.
5. The source code in the games Infinity Ward developed for Defendants, and the personnel who contributed to the development or inclusion of the source code in those games including, but not limited to, the Call of Duty franchise of games, including all installments or versions of the Modern Warfare, Ghosts, and Infinite Warfare series of games.
6. Infinity Ward’s knowledge of Worlds, the Worlds Patents, and this lawsuit between Worlds and Activision, including when Infinity Ward became aware of each.
7. Infinity Ward’s corporate history and relationship to Activision.

8. Infinity Ward’s collection of documents in this lawsuit, and the documents produced by Infinity Ward.










2

AO 88B (Rev. 02/14) Subpoena to Produce Documents, Information, or Objects or to Permit Inspection of Premises in a Civil Action
UNITED STATES DISTRICT COURT
for the
District of Massachusetts


WORLDS, INC.
Plaintiff
v.

ACTIVISION BLIZZARD, INC., ET AL
Defendant

)
)
) Civil Action No.
)
)
)



1:12-CV-10576-DJC






To:

SUBPOENA TO PRODUCE DOCUMENTS, INFORMATION, OR OBJECTS OR TO PERMIT INSPECTION OF PREMISES IN A CIVIL ACTION
Sledgehammer Games, Inc., 1001 E. Hillside Blvd, Suite 610, Foster City, CA 94404 c/o Corporation Service Company, 251 Little Falls Drive, Wilmington DE 19808


(Name of person to whom this subpoena is directed)
?? Production: YOU ARE COMMANDED to produce at the time, date, and place set forth below the following

documents, electronically stored information, or objects, and to permit inspection, copying, testing, or sampling of the material:See attached Schedule A




? Inspection of Premises: YOU ARE COMMANDED to permit entry onto the designated premises, land, or other property possessed or controlled by you at the time, date, and location set forth below, so that the requesting party
may inspect, measure, survey, photograph, test, or sample the property or any designated object or operation on it.


The following provisions of Fed. R. Civ. P. 45 are attached – Rule 45(c), relating to the place of compliance; Rule 45(d), relating to your protection as a person subject to a subpoena; and Rule 45(e) and (g), relating to your duty to respond to this subpoena and the potential consequences of not doing so.

Date:

11/25/2020



CLERK OF COURT




OR
/s/ Alan A. Wright


Signature of Clerk or Deputy Clerk Attorney’s signature

The name, address, e-mail address, and telephone number of the attorney representing (name of party)
WORLDS, INC. , who issues or requests this subpoena, are:
Alan A. Wright, DBJG LLP, 8300 Greensboro Drive, #500, McLean, VA 22102; [e-mail]; 571-765-7700
Notice to the person who issues or requests this subpoena
If this subpoena commands the production of documents, electronically stored information, or tangible things or the inspection of premises before trial, a notice and a copy of the subpoena must be served on each party in this case before it is served on the person to whom it is directed. Fed. R. Civ. P. 45(a)(4).

AO 88B (Rev. 02/14) Subpoena to Produce Documents, Information, or Objects or to Permit Inspection of Premises in a Civil Action (Page 2)


Civil Action No.

1:12-CV-10576-DJC


PROOF OF SERVICE
(This section should not be filed with the court unless required by Fed. R. Civ. P. 45.)

I received this subpoena for (name of individual and title, if any)
on (date) .


? I served the subpoena by delivering a copy to the named person as follows:


on (date) ; or


? I returned the subpoena unexecuted because:

.

Unless the subpoena was issued on behalf of the United States, or one of its officers or agents, I have also tendered to the witness the fees for one day’s attendance, and the mileage allowed by law, in the amount of
$ .

My fees are $ for travel and $ for services, for a total of $ 0.00 .


I declare under penalty of perjury that this information is true.


Date:
Server’s signature


Printed name and title




Server’s address

Additional information regarding attempted service, etc.:

AO 88B (Rev. 02/14) Subpoena to Produce Documents, Information, or Objects or to Permit Inspection of Premises in a Civil Action(Page 3)
Federal Rule of Civil Procedure 45 (c), (d), (e), and (g) (Effective 12/1/13)


(c) Place of Compliance.

(1) For a Trial, Hearing, or Deposition. A subpoena may command a person to attend a trial, hearing, or deposition only as follows:
(A) within 100 miles of where the person resides, is employed, or regularly transacts business in person; or
(B) within the state where the person resides, is employed, or regularly transacts business in person, if the person
(i) is a party or a party’s officer; or
(ii) is commanded to attend a trial and would not incur substantial expense.

(2) For Other Discovery. A subpoena may command:
(A) production of documents, electronically stored information, or tangible things at a place within 100 miles of where the person resides, is employed, or regularly transacts business in person; and
(B) inspection of premises at the premises to be inspected.

(d) Protecting a Person Subject to a Subpoena; Enforcement.

(1) Avoiding Undue Burden or Expense; Sanctions. A party or attorney responsible for issuing and serving a subpoena must take reasonable steps to avoid imposing undue burden or expense on a person subject to the subpoena. The court for the district where compliance is required must enforce this duty and impose an appropriate sanction—which may include lost earnings and reasonable attorney’s fees—on a party or attorney who fails to comply.

(2) Command to Produce Materials or Permit Inspection.
(A) Appearance Not Required. A person commanded to produce documents, electronically stored information, or tangible things, or to permit the inspection of premises, need not appear in person at the place of production or inspection unless also commanded to appear for a deposition, hearing, or trial.
(B) Objections. A person commanded to produce documents or tangible things or to permit inspection may serve on the party or attorney designated in the subpoena a written objection to inspecting, copying, testing, or sampling any or all of the materials or to inspecting the premises—or to producing electronically stored information in the form or forms requested. The objection must be served before the earlier of the time specified for compliance or 14 days after the subpoena is served. If an objection is made, the following rules apply:
(i) At any time, on notice to the commanded person, the serving party may move the court for the district where compliance is required for an order compelling production or inspection.
(ii) These acts may be required only as directed in the order, and the order must protect a person who is neither a party nor a party’s officer from significant expense resulting from compliance.

(3) Quashing or Modifying a Subpoena.
(A) When Required. On timely motion, the court for the district where compliance is required must quash or modify a subpoena that:
(i) fails to allow a reasonable time to comply;
(ii) requires a person to comply beyond the geographical limits specified in Rule 45(c);
(iii) requires disclosure of privileged or other protected matter, if no exception or waiver applies; or
(iv) subjects a person to undue burden.
(B) When Permitted. To protect a person subject to or affected by a subpoena, the court for the district where compliance is required may, on motion, quash or modify the subpoena if it requires:
(i) disclosing a trade secret or other confidential research, development, or commercial information; or


(ii) disclosing an unretained expert’s opinion or information that does not describe specific occurrences in dispute and results from the expert’s study that was not requested by a party.
(C) Specifying Conditions as an Alternative. In the circumstances described in Rule 45(d)(3)(B), the court may, instead of quashing or modifying a subpoena, order appearance or production under specified conditions if the serving party:
(i) shows a substantial need for the testimony or material that cannot be otherwise met without undue hardship; and
(ii) ensures that the subpoenaed person will be reasonably compensated.

(e) Duties in Responding to a Subpoena.

(1) Producing Documents or Electronically Stored Information. These procedures apply to producing documents or electronically stored information:
(A) Documents. A person responding to a subpoena to produce documents must produce them as they are kept in the ordinary course of business or must organize and label them to correspond to the categories in the demand.
(B) Form for Producing Electronically Stored Information Not Specified. If a subpoena does not specify a form for producing electronically stored information, the person responding must produce it in a form or forms in which it is ordinarily maintained or in a reasonably usable form or forms.
(C) Electronically Stored Information Produced in Only One Form. The person responding need not produce the same electronically stored information in more than one form.
(D) Inaccessible Electronically Stored Information. The person responding need not provide discovery of electronically stored information from sources that the person identifies as not reasonably accessible because of undue burden or cost. On motion to compel discovery or for a protective order, the person responding must show that the information is not reasonably accessible because of undue burden or cost. If that showing is made, the court may nonetheless order discovery from such sources if the requesting party shows good cause, considering the limitations of Rule 26(b)(2)(C). The court may specify conditions for the discovery.

(2) Claiming Privilege or Protection.
(A) Information Withheld. A person withholding subpoenaed information under a claim that it is privileged or subject to protection as trial-preparation material must:
(i) expressly make the claim; and
(ii) describe the nature of the withheld documents, communications, or tangible things in a manner that, without revealing information itself privileged or protected, will enable the parties to assess the claim.
(B) Information Produced. If information produced in response to a subpoena is subject to a claim of privilege or of protection as
trial-preparation material, the person making the claim may notify any party that received the information of the claim and the basis for it. After being notified, a party must promptly return, sequester, or destroy the specified information and any copies it has; must not use or disclose the information until the claim is resolved; must take reasonable steps to retrieve the information if the party disclosed it before being notified; and may promptly present the information under seal to the court for the district where compliance is required for a determination of the claim. The person who produced the information must preserve the information until the claim is resolved.

(g) Contempt.
The court for the district where compliance is required—and also, after a motion is transferred, the issuing court—may hold in contempt a person who, having been served, fails without adequate excuse to obey the subpoena or an order related to it.








SCHEDULE A

Pursuant to Rules 34 and 45 of the Federal Rules of Civil Procedure, Worlds, Inc. hereby requests that Sledgehammer Games, Inc. produce the following documents, electronically stored information (“ESI”), and tangible things for inspection and copying. The documents, ESI, and tangible things are to be produced at the offices of Davidson, Berquist, Jackson & Gowdey LLP, 8300 Greensboro Dr., Suite 500, McLean, Virginia 22102.
DEFINITION

1. The term “Worlds” means Worlds Inc. with a principal place of business at 11 Royal Road, Brookline, Massachusetts.
2. The term “Worlds Patents” means U.S. Patent Nos. 8,082,501; 7,945,856; 7,493,558; 7,181,690; and 8,145,998, whether collectively or individually.
3. The term “Defendants” means Activision Blizzard, Inc., Blizzard Entertainment, Inc., and Activision Publishing, Inc.
REQUESTS FOR DOCUMENTS

1. All documents related to Sledgehammer Games’ development of features for Defendants’ games including, but not limited to, the Call of Duty franchise of games including all installments or versions of the Modern Warfare, Advanced Warfare, and WWII series of games, that seek to improve the games’ rendering of avatars in a multiplayer game including, but not limited to, allocating computing resources between the game’s server and any clients or users, improving frame rates, controlling the number of user avatars within a game, controlling crowds within a game, and/or control the number of avatars to be rendered within a given virtual space.





1




2. All documents related to determination of minimum and recommended system requirements for the engines and/or rendering software used in the games Sledgehammer Games developed for Defendants, including, but not limited to, the Call of Duty franchise of games, including all installments or versions of the Modern Warfare, Advanced Warfare, and WWII series of games.
3. All documents related to Sledgehammer Games’ knowledge of Worlds, the Worlds Patents, and this lawsuit between Worlds and Activision, including when Sledgehammer Games became aware of each.







































2

AO 88A (Rev. 02/14) Subpoena to Testify at a Deposition in a Civil Action
UNITED STATES DISTRICT COURT
for the
District of Massachusetts


WORLDS, INC.
Plaintiff
v.

ACTIVISION BLIZZARD, INC., ET AL
Defendant

)
)
) Civil Action No.
)
)
)



1:12-CV-10576-DJC





To:

SUBPOENA TO TESTIFY AT A DEPOSITION IN A CIVIL ACTION

Sledgehammer Games, Inc., 1001 E. Hillside Blvd, Suite 610, Foster City, CA 94404 c/o Corporation Service Company, 251 Little Falls Drive, Wilmington DE 19808 (Name of person to whom this subpoena is directed)
?? Testimony: YOU ARE COMMANDED to appear at the time, date, and place set forth below to testify at a

deposition to be taken in this civil action. If you are an organization, you must designate one or more officers, directors, or managing agents, or designate other persons who consent to testify on your behalf about the following matters, or those set forth in an attachment:
See attached Schedule A



The deposition will be recorded by this method:

Stenographer and/or videotape





? Production: You, or your representatives, must also bring with you to the deposition the following documents, electronically stored information, or objects, and must permit inspection, copying, testing, or sampling of the
material:




The following provisions of Fed. R. Civ. P. 45 are attached – Rule 45(c), relating to the place of compliance; Rule 45(d), relating to your protection as a person subject to a subpoena; and Rule 45(e) and (g), relating to your duty to respond to this subpoena and the potential consequences of not doing so.


Date:

11/25/2020


CLERK OF COURT



OR
/s/ Alan A. Wright



Signature of Clerk or Deputy Clerk Attorney’s signature
The name, address, e-mail address, and telephone number of the attorney representing (name of party)

WORLDS, INC.

, who issues or requests this subpoena, are:


Alan A. Wright, DBJG LLP, 8300 Greensboro Drive, #500, McLean, VA 22102; [e-mail]; 571-765-7700
Notice to the person who issues or requests this subpoena
If this subpoena commands the production of documents, electronically stored information, or tangible things before trial, a notice and a copy of the subpoena must be served on each party in this case before it is served on the person to whom it is directed. Fed. R. Civ. P. 45(a)(4).

AO 88A (Rev. 02/14) Subpoena to Testify at a Deposition in a Civil Action (Page 2)


Civil Action No.

1:12-CV-10576-DJC


PROOF OF SERVICE
(This section should not be filed with the court unless required by Fed. R. Civ. P. 45.)

I received this subpoena for (name of individual and title, if any)
on (date) .

? I served the subpoena by delivering a copy to the named individual as follows:


on (date) ; or


? I returned the subpoena unexecuted because:

.

Unless the subpoena was issued on behalf of the United States, or one of its officers or agents, I have also tendered to the witness the fees for one day’s attendance, and the mileage allowed by law, in the amount of
$ .

My fees are $ for travel and $ for services, for a total of $ 0.00 .


I declare under penalty of perjury that this information is true.


Date:
Server’s signature


Printed name and title




Server’s address

Additional information regarding attempted service, etc.:


AO 88A (Rev. 02/14) Subpoena to Testify at a Deposition in a Civil Action (Page 3)
Federal Rule of Civil Procedure 45 (c), (d), (e), and (g) (Effective 12/1/13)


(c) Place of Compliance.

(1) For a Trial, Hearing, or Deposition. A subpoena may command a person to attend a trial, hearing, or deposition only as follows:
(A) within 100 miles of where the person resides, is employed, or regularly transacts business in person; or
(B) within the state where the person resides, is employed, or regularly transacts business in person, if the person
(i) is a party or a party’s officer; or
(ii) is commanded to attend a trial and would not incur substantial expense.

(2) For Other Discovery. A subpoena may command:
(A) production of documents, electronically stored information, or tangible things at a place within 100 miles of where the person resides, is employed, or regularly transacts business in person; and
(B) inspection of premises at the premises to be inspected.

(d) Protecting a Person Subject to a Subpoena; Enforcement.

(1) Avoiding Undue Burden or Expense; Sanctions. A party or attorney responsible for issuing and serving a subpoena must take reasonable steps to avoid imposing undue burden or expense on a person subject to the subpoena. The court for the district where compliance is required must enforce this duty and impose an appropriate sanction—which may include lost earnings and reasonable attorney’s fees—on a party or attorney who fails to comply.

(2) Command to Produce Materials or Permit Inspection.
(A) Appearance Not Required. A person commanded to produce documents, electronically stored information, or tangible things, or to permit the inspection of premises, need not appear in person at the place of production or inspection unless also commanded to appear for a deposition, hearing, or trial.
(B) Objections. A person commanded to produce documents or tangible things or to permit inspection may serve on the party or attorney designated in the subpoena a written objection to inspecting, copying, testing, or sampling any or all of the materials or to inspecting the premises—or to producing electronically stored information in the form or forms requested. The objection must be served before the earlier of the time specified for compliance or 14 days after the subpoena is served. If an objection is made, the following rules apply:
(i) At any time, on notice to the commanded person, the serving party may move the court for the district where compliance is required for an order compelling production or inspection.
(ii) These acts may be required only as directed in the order, and the order must protect a person who is neither a party nor a party’s officer from significant expense resulting from compliance.

(3) Quashing or Modifying a Subpoena.

(A) When Required. On timely motion, the court for the district where compliance is required must quash or modify a subpoena that:

(i) fails to allow a reasonable time to comply;
(ii) requires a person to comply beyond the geographical limits specified in Rule 45(c);
(iii) requires disclosure of privileged or other protected matter, if no exception or waiver applies; or
(iv) subjects a person to undue burden.
(B) When Permitted. To protect a person subject to or affected by a subpoena, the court for the district where compliance is required may, on motion, quash or modify the subpoena if it requires:


(i) disclosing a trade secret or other confidential research, development, or commercial information; or
(ii) disclosing an unretained expert’s opinion or information that does not describe specific occurrences in dispute and results from the expert’s study that was not requested by a party.
(C) Specifying Conditions as an Alternative. In the circumstances described in Rule 45(d)(3)(B), the court may, instead of quashing or modifying a subpoena, order appearance or production under specified conditions if the serving party:
(i) shows a substantial need for the testimony or material that cannot be otherwise met without undue hardship; and
(ii) ensures that the subpoenaed person will be reasonably compensated.

(e) Duties in Responding to a Subpoena.

(1) Producing Documents or Electronically Stored Information. These procedures apply to producing documents or electronically stored information:
(A) Documents. A person responding to a subpoena to produce documents must produce them as they are kept in the ordinary course of business or must organize and label them to correspond to the categories in the demand.
(B) Form for Producing Electronically Stored Information Not Specified. If a subpoena does not specify a form for producing electronically stored information, the person responding must produce it in a form or forms in which it is ordinarily maintained or in a reasonably usable form or forms.
(C) Electronically Stored Information Produced in Only One Form. The person responding need not produce the same electronically stored information in more than one form.
(D) Inaccessible Electronically Stored Information. The person responding need not provide discovery of electronically stored information from sources that the person identifies as not reasonably accessible because of undue burden or cost. On motion to compel discovery or for a protective order, the person responding must show that the information is not reasonably accessible because of undue burden or cost. If that showing is made, the court may nonetheless order discovery from such sources if the requesting party shows good cause, considering the limitations of Rule 26(b)(2)(C). The court may specify conditions for the discovery.

(2) Claiming Privilege or Protection.
(A) Information Withheld. A person withholding subpoenaed information under a claim that it is privileged or subject to protection as trial-preparation material must:
(i) expressly make the claim; and
(ii) describe the nature of the withheld documents, communications, or tangible things in a manner that, without revealing information itself privileged or protected, will enable the parties to assess the claim.
(B) Information Produced. If information produced in response to a subpoena is subject to a claim of privilege or of protection as
trial-preparation material, the person making the claim may notify any party that received the information of the claim and the basis for it. After being notified, a party must promptly return, sequester, or destroy the specified information and any copies it has; must not use or disclose the information until the claim is resolved; must take reasonable steps to retrieve the information if the party disclosed it before being notified; and may promptly present the information under seal to the court for the district where compliance is required for a determination of the claim. The person who produced the information must preserve the information until the claim is resolved.

(g) Contempt.
The court for the district where compliance is required—and also, after a motion is transferred, the issuing court—may hold in contempt a person who, having been served, fails without adequate excuse to obey the subpoena or an order related to it.







SCHEDULE A

Pursuant to Rules 30(b)(6) and 45 of the Federal Rules of Civil Procedure, Worlds, Inc. hereby requests that Sledgehammer Games, Inc. appear at the time, date, and place set forth in the subpoena to testify at a deposition to be taken in this civil action. If you are an organization, you must designate one or more officers, directors, or managing agents, or designate other persons who consent to testify on your behalf about the following topic set forth below.
DEFINITION

1. The term “Worlds” means Worlds Inc. with a principal place of business at 11 Royal Road, Brookline, Massachusetts.
2. The term “Worlds Patents” means U.S. Patent Nos. 8,082,501; 7,945,856; 7,493,558; 7,181,690; and 8,145,998, whether collectively or individually.
3. The term “Defendants” means Activision Blizzard, Inc., Blizzard Entertainment, Inc., and Activision Publishing, Inc.
RULE 30(b)(6) TOPICS

1. Sledgehammer Games’ development of games for Defendants, and the personnel who contributed to the development of those games including, but not limited to, the Call of Duty franchise of games, including all installments or versions of the Modern Warfare, Advanced Warfare, and WWII series of games.
2. Sledgehammer Games’ development of features, and the personnel who contributed to the development of features, in Defendants’ games including, but not limited to, the Call of Duty franchise of games including all installments or versions of the Modern Warfare, Advanced Warfare, and WWII series of games, that seek to improve the games’ rendering of avatars in a multiplayer game including, but not limited to, allocating computing



1




resources between the game’s server and any clients or users, improving frame rates, controlling the number of user avatars within a game, controlling crowds within a game, and/or control the number of avatars to be rendered within a given virtual space.
3. The engines used in the games Sledgehammer Games developed for Defendants, and the personnel who contributed to the development or inclusion of those engines in those games including, but not limited to, the Call of Duty franchise of games, including all installments or versions of the Modern Warfare, Advanced Warfare, and WWII series of games.
4. The rendering software used in the games Sledgehammer Games developed for Defendants, and the personnel who contributed to the development or inclusion of that software in those games including, but not limited to, the Call of Duty franchise of games, including all installments or versions of the Modern Warfare, Advanced Warfare, and WWII series of games.
5. The source code in the games Sledgehammer Games developed for Defendants, and the personnel who contributed to the development or inclusion of the source code in those games including, but not limited to, the Call of Duty franchise of games, including all installments or versions of the Modern Warfare, Advanced Warfare, and WWII series of games.
6. Sledgehammer Games’ knowledge of Worlds, the Worlds Patents, and this lawsuit between Worlds and Activision, including when Sledgehammer Games became aware of each.
7. Sledgehammer Games’ corporate history and relationship to Activision.

8. Sledgehammer Games’ collection of documents in this lawsuit, and the documents produced by Sledgehammer Games.







2

AO 88B (Rev. 02/14) Subpoena to Produce Documents, Information, or Objects or to Permit Inspection of Premises in a Civil Action
UNITED STATES DISTRICT COURT
for the
District of Massachusetts


WORLDS, INC.
Plaintiff
v.

ACTIVISION BLIZZARD, INC., ET AL
Defendant

)
)
) Civil Action No.
)
)
)



1:12-CV-10576-DJC






To:

SUBPOENA TO PRODUCE DOCUMENTS, INFORMATION, OR OBJECTS OR TO PERMIT INSPECTION OF PREMISES IN A CIVIL ACTION
Treyarch Corporation, 3420 Ocean Park Blvd, Santa Monica, CA 90405 c/o Corporation Service Company, 251 Little Falls Drive, Wilmington DE 19808


(Name of person to whom this subpoena is directed)
?? Production: YOU ARE COMMANDED to produce at the time, date, and place set forth below the following

documents, electronically stored information, or objects, and to permit inspection, copying, testing, or sampling of the material:See attached Schedule A




? Inspection of Premises: YOU ARE COMMANDED to permit entry onto the designated premises, land, or other property possessed or controlled by you at the time, date, and location set forth below, so that the requesting party
may inspect, measure, survey, photograph, test, or sample the property or any designated object or operation on it.


The following provisions of Fed. R. Civ. P. 45 are attached – Rule 45(c), relating to the place of compliance; Rule 45(d), relating to your protection as a person subject to a subpoena; and Rule 45(e) and (g), relating to your duty to respond to this subpoena and the potential consequences of not doing so.

Date:

11/25/2020



CLERK OF COURT




OR
/s/ Alan A. Wright


Signature of Clerk or Deputy Clerk Attorney’s signature

The name, address, e-mail address, and telephone number of the attorney representing (name of party)
WORLDS, INC. , who issues or requests this subpoena, are:
Alan A. Wright, DBJG LLP, 8300 Greensboro Drive, #500, McLean, VA 22102; [e-mail]; 571-765-7700
Notice to the person who issues or requests this subpoena
If this subpoena commands the production of documents, electronically stored information, or tangible things or the inspection of premises before trial, a notice and a copy of the subpoena must be served on each party in this case before it is served on the person to whom it is directed. Fed. R. Civ. P. 45(a)(4).

AO 88B (Rev. 02/14) Subpoena to Produce Documents, Information, or Objects or to Permit Inspection of Premises in a Civil Action (Page 2)


Civil Action No.

1:12-CV-10576-DJC


PROOF OF SERVICE
(This section should not be filed with the court unless required by Fed. R. Civ. P. 45.)

I received this subpoena for (name of individual and title, if any)
on (date) .


? I served the subpoena by delivering a copy to the named person as follows:


on (date) ; or


? I returned the subpoena unexecuted because:

.

Unless the subpoena was issued on behalf of the United States, or one of its officers or agents, I have also tendered to the witness the fees for one day’s attendance, and the mileage allowed by law, in the amount of
$ .

My fees are $ for travel and $ for services, for a total of $ 0.00 .


I declare under penalty of perjury that this information is true.


Date:
Server’s signature


Printed name and title




Server’s address

Additional information regarding attempted service, etc.:

AO 88B (Rev. 02/14) Subpoena to Produce Documents, Information, or Objects or to Permit Inspection of Premises in a Civil Action(Page 3)
Federal Rule of Civil Procedure 45 (c), (d), (e), and (g) (Effective 12/1/13)


(c) Place of Compliance.

(1) For a Trial, Hearing, or Deposition. A subpoena may command a person to attend a trial, hearing, or deposition only as follows:
(A) within 100 miles of where the person resides, is employed, or regularly transacts business in person; or
(B) within the state where the person resides, is employed, or regularly transacts business in person, if the person
(i) is a party or a party’s officer; or
(ii) is commanded to attend a trial and would not incur substantial expense.

(2) For Other Discovery. A subpoena may command:
(A) production of documents, electronically stored information, or tangible things at a place within 100 miles of where the person resides, is employed, or regularly transacts business in person; and
(B) inspection of premises at the premises to be inspected.

(d) Protecting a Person Subject to a Subpoena; Enforcement.

(1) Avoiding Undue Burden or Expense; Sanctions. A party or attorney responsible for issuing and serving a subpoena must take reasonable steps to avoid imposing undue burden or expense on a person subject to the subpoena. The court for the district where compliance is required must enforce this duty and impose an appropriate sanction—which may include lost earnings and reasonable attorney’s fees—on a party or attorney who fails to comply.

(2) Command to Produce Materials or Permit Inspection.
(A) Appearance Not Required. A person commanded to produce documents, electronically stored information, or tangible things, or to permit the inspection of premises, need not appear in person at the place of production or inspection unless also commanded to appear for a deposition, hearing, or trial.
(B) Objections. A person commanded to produce documents or tangible things or to permit inspection may serve on the party or attorney designated in the subpoena a written objection to inspecting, copying, testing, or sampling any or all of the materials or to inspecting the premises—or to producing electronically stored information in the form or forms requested. The objection must be served before the earlier of the time specified for compliance or 14 days after the subpoena is served. If an objection is made, the following rules apply:
(i) At any time, on notice to the commanded person, the serving party may move the court for the district where compliance is required for an order compelling production or inspection.
(ii) These acts may be required only as directed in the order, and the order must protect a person who is neither a party nor a party’s officer from significant expense resulting from compliance.

(3) Quashing or Modifying a Subpoena.
(A) When Required. On timely motion, the court for the district where compliance is required must quash or modify a subpoena that:
(i) fails to allow a reasonable time to comply;
(ii) requires a person to comply beyond the geographical limits specified in Rule 45(c);
(iii) requires disclosure of privileged or other protected matter, if no exception or waiver applies; or
(iv) subjects a person to undue burden.
(B) When Permitted. To protect a person subject to or affected by a subpoena, the court for the district where compliance is required may, on motion, quash or modify the subpoena if it requires:
(i) disclosing a trade secret or other confidential research, development, or commercial information; or


(ii) disclosing an unretained expert’s opinion or information that does not describe specific occurrences in dispute and results from the expert’s study that was not requested by a party.
(C) Specifying Conditions as an Alternative. In the circumstances described in Rule 45(d)(3)(B), the court may, instead of quashing or modifying a subpoena, order appearance or production under specified conditions if the serving party:
(i) shows a substantial need for the testimony or material that cannot be otherwise met without undue hardship; and
(ii) ensures that the subpoenaed person will be reasonably compensated.

(e) Duties in Responding to a Subpoena.

(1) Producing Documents or Electronically Stored Information. These procedures apply to producing documents or electronically stored information:
(A) Documents. A person responding to a subpoena to produce documents must produce them as they are kept in the ordinary course of business or must organize and label them to correspond to the categories in the demand.
(B) Form for Producing Electronically Stored Information Not Specified. If a subpoena does not specify a form for producing electronically stored information, the person responding must produce it in a form or forms in which it is ordinarily maintained or in a reasonably usable form or forms.
(C) Electronically Stored Information Produced in Only One Form. The person responding need not produce the same electronically stored information in more than one form.
(D) Inaccessible Electronically Stored Information. The person responding need not provide discovery of electronically stored information from sources that the person identifies as not reasonably accessible because of undue burden or cost. On motion to compel discovery or for a protective order, the person responding must show that the information is not reasonably accessible because of undue burden or cost. If that showing is made, the court may nonetheless order discovery from such sources if the requesting party shows good cause, considering the limitations of Rule 26(b)(2)(C). The court may specify conditions for the discovery.

(2) Claiming Privilege or Protection.
(A) Information Withheld. A person withholding subpoenaed information under a claim that it is privileged or subject to protection as trial-preparation material must:
(i) expressly make the claim; and
(ii) describe the nature of the withheld documents, communications, or tangible things in a manner that, without revealing information itself privileged or protected, will enable the parties to assess the claim.
(B) Information Produced. If information produced in response to a subpoena is subject to a claim of privilege or of protection as
trial-preparation material, the person making the claim may notify any party that received the information of the claim and the basis for it. After being notified, a party must promptly return, sequester, or destroy the specified information and any copies it has; must not use or disclose the information until the claim is resolved; must take reasonable steps to retrieve the information if the party disclosed it before being notified; and may promptly present the information under seal to the court for the district where compliance is required for a determination of the claim. The person who produced the information must preserve the information until the claim is resolved.

(g) Contempt.
The court for the district where compliance is required—and also, after a motion is transferred, the issuing court—may hold in contempt a person who, having been served, fails without adequate excuse to obey the subpoena or an order related to it.








SCHEDULE A

Pursuant to Rules 34 and 45 of the Federal Rules of Civil Procedure, Worlds, Inc. hereby requests that Treyarch Corporation produce the following documents, electronically stored information (“ESI”), and tangible things for inspection and copying. The documents, ESI, and tangible things are to be produced at the offices of Davidson, Berquist, Jackson & Gowdey LLP, 8300 Greensboro Dr., Suite 500, McLean, Virginia 22102.
DEFINITION

1. The term “Worlds” means Worlds Inc. with a principal place of business at 11 Royal Road, Brookline, Massachusetts.
2. The term “Worlds Patents” means U.S. Patent Nos. 8,082,501; 7,945,856; 7,493,558; 7,181,690; and 8,145,998, whether collectively or individually.
3. The term “Defendants” means Activision Blizzard, Inc., Blizzard Entertainment, Inc., and Activision Publishing, Inc.
REQUESTS FOR DOCUMENTS

1. All documents related to Treyarch’s development of features in Defendants’ games including, but not limited to the Call of Duty franchise of games including all installments or versions of the World at War and Black Ops series of games, that seek to improve the games’ rendering of avatars in a multiplayer game including, but not limited to, allocating computing resources between the game’s server and any clients or users, improving frame rates, controlling the number of user avatars within a game, controlling crowds within a game, and/or control the number of avatars to be rendered within a given virtual space.
2. All documents related to determination of minimum and recommended system requirements for the engines and/or rendering software used in the games Treyarch developed



1




for Defendants, including, but not limited to, the Call of Duty franchise of games, including all installments or versions of the World at War and Black Ops series of games.
3. All documents related to Treyarch’s knowledge of Worlds, the Worlds Patents, and this lawsuit between Worlds and Activision, including when Treyarch became aware of each.














































2

AO 88A (Rev. 02/14) Subpoena to Testify at a Deposition in a Civil Action
UNITED STATES DISTRICT COURT
for the
District of Massachusetts


WORLDS, INC.
Plaintiff
v.

ACTIVISION BLIZZARD, INC., ET AL
Defendant

)
)
) Civil Action No.
)
)
)



1:12-CV-10576-DJC





To:

SUBPOENA TO TESTIFY AT A DEPOSITION IN A CIVIL ACTION

Treyarch Corporation, 3420 Ocean Park Blvd, Santa Monica, CA 90405 c/o Corporation Service Company, 251 Little Falls Drive, Wilmington DE 19808


(Name of person to whom this subpoena is directed)
?? Testimony: YOU ARE COMMANDED to appear at the time, date, and place set forth below to testify at a

deposition to be taken in this civil action. If you are an organization, you must designate one or more officers, directors, or managing agents, or designate other persons who consent to testify on your behalf about the following matters, or those set forth in an attachment:
See attached Schedule A



The deposition will be recorded by this method:

Stenographer and/or videotape





? Production: You, or your representatives, must also bring with you to the deposition the following documents, electronically stored information, or objects, and must permit inspection, copying, testing, or sampling of the
material:




The following provisions of Fed. R. Civ. P. 45 are attached – Rule 45(c), relating to the place of compliance; Rule 45(d), relating to your protection as a person subject to a subpoena; and Rule 45(e) and (g), relating to your duty to respond to this subpoena and the potential consequences of not doing so.


Date:

11/25/2020


CLERK OF COURT



OR
/s/ Alan A. Wright



Signature of Clerk or Deputy Clerk Attorney’s signature
The name, address, e-mail address, and telephone number of the attorney representing (name of party)

WORLDS, INC.

, who issues or requests this subpoena, are:


Alan A. Wright, DBJG LLP, 8300 Greensboro Drive, #500, McLean, VA 22102; [e-mail]; 571-765-7700
Notice to the person who issues or requests this subpoena
If this subpoena commands the production of documents, electronically stored information, or tangible things before trial, a notice and a copy of the subpoena must be served on each party in this case before it is served on the person to whom it is directed. Fed. R. Civ. P. 45(a)(4).

AO 88A (Rev. 02/14) Subpoena to Testify at a Deposition in a Civil Action (Page 2)


Civil Action No.

1:12-CV-10576-DJC


PROOF OF SERVICE
(This section should not be filed with the court unless required by Fed. R. Civ. P. 45.)

I received this subpoena for (name of individual and title, if any)
on (date) .

? I served the subpoena by delivering a copy to the named individual as follows:


on (date) ; or


? I returned the subpoena unexecuted because:

.

Unless the subpoena was issued on behalf of the United States, or one of its officers or agents, I have also tendered to the witness the fees for one day’s attendance, and the mileage allowed by law, in the amount of
$ .

My fees are $ for travel and $ for services, for a total of $ 0.00 .


I declare under penalty of perjury that this information is true.


Date:
Server’s signature


Printed name and title




Server’s address

Additional information regarding attempted service, etc.:


AO 88A (Rev. 02/14) Subpoena to Testify at a Deposition in a Civil Action (Page 3)
Federal Rule of Civil Procedure 45 (c), (d), (e), and (g) (Effective 12/1/13)


(c) Place of Compliance.

(1) For a Trial, Hearing, or Deposition. A subpoena may command a person to attend a trial, hearing, or deposition only as follows:
(A) within 100 miles of where the person resides, is employed, or regularly transacts business in person; or
(B) within the state where the person resides, is employed, or regularly transacts business in person, if the person
(i) is a party or a party’s officer; or
(ii) is commanded to attend a trial and would not incur substantial expense.

(2) For Other Discovery. A subpoena may command:
(A) production of documents, electronically stored information, or tangible things at a place within 100 miles of where the person resides, is employed, or regularly transacts business in person; and
(B) inspection of premises at the premises to be inspected.

(d) Protecting a Person Subject to a Subpoena; Enforcement.

(1) Avoiding Undue Burden or Expense; Sanctions. A party or attorney responsible for issuing and serving a subpoena must take reasonable steps to avoid imposing undue burden or expense on a person subject to the subpoena. The court for the district where compliance is required must enforce this duty and impose an appropriate sanction—which may include lost earnings and reasonable attorney’s fees—on a party or attorney who fails to comply.

(2) Command to Produce Materials or Permit Inspection.
(A) Appearance Not Required. A person commanded to produce documents, electronically stored information, or tangible things, or to permit the inspection of premises, need not appear in person at the place of production or inspection unless also commanded to appear for a deposition, hearing, or trial.
(B) Objections. A person commanded to produce documents or tangible things or to permit inspection may serve on the party or attorney designated in the subpoena a written objection to inspecting, copying, testing, or sampling any or all of the materials or to inspecting the premises—or to producing electronically stored information in the form or forms requested. The objection must be served before the earlier of the time specified for compliance or 14 days after the subpoena is served. If an objection is made, the following rules apply:
(i) At any time, on notice to the commanded person, the serving party may move the court for the district where compliance is required for an order compelling production or inspection.
(ii) These acts may be required only as directed in the order, and the order must protect a person who is neither a party nor a party’s officer from significant expense resulting from compliance.

(3) Quashing or Modifying a Subpoena.

(A) When Required. On timely motion, the court for the district where compliance is required must quash or modify a subpoena that:

(i) fails to allow a reasonable time to comply;
(ii) requires a person to comply beyond the geographical limits specified in Rule 45(c);
(iii) requires disclosure of privileged or other protected matter, if no exception or waiver applies; or
(iv) subjects a person to undue burden.
(B) When Permitted. To protect a person subject to or affected by a subpoena, the court for the district where compliance is required may, on motion, quash or modify the subpoena if it requires:


(i) disclosing a trade secret or other confidential research, development, or commercial information; or
(ii) disclosing an unretained expert’s opinion or information that does not describe specific occurrences in dispute and results from the expert’s study that was not requested by a party.
(C) Specifying Conditions as an Alternative. In the circumstances described in Rule 45(d)(3)(B), the court may, instead of quashing or modifying a subpoena, order appearance or production under specified conditions if the serving party:
(i) shows a substantial need for the testimony or material that cannot be otherwise met without undue hardship; and
(ii) ensures that the subpoenaed person will be reasonably compensated.

(e) Duties in Responding to a Subpoena.

(1) Producing Documents or Electronically Stored Information. These procedures apply to producing documents or electronically stored information:
(A) Documents. A person responding to a subpoena to produce documents must produce them as they are kept in the ordinary course of business or must organize and label them to correspond to the categories in the demand.
(B) Form for Producing Electronically Stored Information Not Specified. If a subpoena does not specify a form for producing electronically stored information, the person responding must produce it in a form or forms in which it is ordinarily maintained or in a reasonably usable form or forms.
(C) Electronically Stored Information Produced in Only One Form. The person responding need not produce the same electronically stored information in more than one form.
(D) Inaccessible Electronically Stored Information. The person responding need not provide discovery of electronically stored information from sources that the person identifies as not reasonably accessible because of undue burden or cost. On motion to compel discovery or for a protective order, the person responding must show that the information is not reasonably accessible because of undue burden or cost. If that showing is made, the court may nonetheless order discovery from such sources if the requesting party shows good cause, considering the limitations of Rule 26(b)(2)(C). The court may specify conditions for the discovery.

(2) Claiming Privilege or Protection.
(A) Information Withheld. A person withholding subpoenaed information under a claim that it is privileged or subject to protection as trial-preparation material must:
(i) expressly make the claim; and
(ii) describe the nature of the withheld documents, communications, or tangible things in a manner that, without revealing information itself privileged or protected, will enable the parties to assess the claim.
(B) Information Produced. If information produced in response to a subpoena is subject to a claim of privilege or of protection as
trial-preparation material, the person making the claim may notify any party that received the information of the claim and the basis for it. After being notified, a party must promptly return, sequester, or destroy the specified information and any copies it has; must not use or disclose the information until the claim is resolved; must take reasonable steps to retrieve the information if the party disclosed it before being notified; and may promptly present the information under seal to the court for the district where compliance is required for a determination of the claim. The person who produced the information must preserve the information until the claim is resolved.

(g) Contempt.
The court for the district where compliance is required—and also, after a motion is transferred, the issuing court—may hold in contempt a person who, having been served, fails without adequate excuse to obey the subpoena or an order related to it.







SCHEDULE A

Pursuant to Rules 30(b)(6) and 45 of the Federal Rules of Civil Procedure, Worlds, Inc. hereby requests that Treyarch Corporation appear at the time, date, and place set forth in the subpoena to testify at a deposition to be taken in this civil action. If you are an organization, you must designate one or more officers, directors, or managing agents, or designate other persons who consent to testify on your behalf about the following topic set forth below.
DEFINITION

1. The term “Worlds” means Worlds Inc. with a principal place of business at 11 Royal Road, Brookline, Massachusetts.
2. The term “Worlds Patents” means U.S. Patent Nos. 8,082,501; 7,945,856; 7,493,558; 7,181,690; and 8,145,998, whether collectively or individually.
3. The term “Defendants” means Activision Blizzard, Inc., Blizzard Entertainment, Inc., and Activision Publishing, Inc.
RULE 30(b)(6) TOPICS

1. Treyarch’s development of games for Defendants, and the personnel who contributed to the development of those games including, but not limited to, the Call of Duty franchise of games, including all installments or versions of the World at War and Black Ops series of games.
2. Treyarch’s development of features, and the personnel who contributed to the development or inclusion of features in Defendants’ games including, but not limited to the Call of Duty franchise of games, including all installments or versions of the World at War and Black Ops series of games, that seek to improve the games’ rendering of avatars in a multiplayer game including, but not limited to, allocating computing resources between the game’s server and any



1




clients or users, improving frame rates, controlling the number of user avatars within a game, controlling crowds within a game, and/or control the number of avatars to be rendered within a given virtual space.
3. The engines used in the games Treyarch developed for Defendants, and the personnel who contributed to the development or inclusion of those engines in those games including, but not limited to, the Call of Duty franchise of games, including all installments or versions of the World at War and Black Ops series of games.
4. The rendering software used in the games Treyarch developed for Defendants, and the personnel who contributed to the development or inclusion of that software in those games including, but not limited to, the Call of Duty franchise of games, including all installments or versions of the World at War and Black Ops series of games.
5. The source code in the games Treyarch developed for Defendants, and the personnel who contributed to the development or inclusion of the source code in those games including, but not limited to, the Call of Duty franchise of games, including all installments or versions of the World at War and Black Ops series of games.
6. Treyarch’s knowledge of Worlds, the Worlds Patents, and this lawsuit between Worlds and Activision, and when Treyarch became aware of each.
7. Treyarch’s corporate history and its relationship to Activision

8. Treyarch’s collection of documents in this lawsuit, and the documents produced by Treyarch.