NetEase Inc. v. PUBG Corporation CA1/1

I.

FACTUAL AND PROCEDURAL BACKGROUND

A. The Parties and Their Products The parties possess competing video games in the “battle royale” genre. The battle royale genre of video games “takes its name from the 1999 Japanese novel Battle Royale by Koushun Takami. Battle royale games simulate a free-for-all, ‘every man for himself,’ battle between a large group of players—often 50 or more. Players ‘win’ battle royale games by being the last player left alive at the end of the battle, referred to as the ‘last man standing.’ Battle royale games are often set in recently-deserted, but formerly inhabited locations, such as an abandoned city, island, or port town. Players must scavenge among abandoned structures and buildings in order to find weapons, equipment, and supplies that they use to fight the other players.” Bluehole Ginno Games Inc. (Bluehole) released its battle royale game “Playerunknown’s Battlegrounds” (Battlegrounds) in approximately March 2017. PUBG Corp. is the successor in interest to Bluehole with respect to Battlegrounds. PUBG Santa Monica, Inc. was formed as a wholly owned subsidiary to support the Battlegrounds community in the United States. Battlegrounds quickly…