Novalogic, Inc. v. Activision Blizzard
Opinion
Lead Opinion
Walter, J.
ORDER GRANTING MOTION FOR PARTIAL SUMMARY JUDGMENT OF DEFENDANTS ACTIVISION BLIZZARD, INC., ACTIVISION PUBLISHING, INC., AND PENGUIN GROUP (USA), INC. [filed 3/14/13; Docket No. 34]
On March 14, 2013, Defendants Activision Blizzard, Inc., Activision Publishing, Inc., and Penguin Group (USA), Inc. filed a Motion for Partial Summary Judgment (“Motion”). On May 23, 2013, Plaintiff Novalogic, Inc. filed its Opposition. On June 3, 2013, Activision Blizzard, Inc., Activision Publishing, Inc., and Penguin Group (USA), Inc. filed a Reply.' Pursuant to Rule 78 of the Federal Rules of Civil Procedure and Local Rule 7-15, the Court found the matter appropriate for submission on the papers without oral argument. The matter was, therefore, removed from the Court’s June 17, 2013 hearing calendar and the parties were given advance notice. After considering the moving, opposing, and reply papers, and the arguments therein, the Court rules as follows:
I. Factual and Procedural Background
A. Procedural History
On May 10, 2012, Plaintiff Novalogic, Inc. (“Plaintiff’) filed this action against *889 Activision Blizzard, Inc. (“Activision Blizzard”), Activision Publishing, Inc. (“Activision…