Blizzard Entertainment, Inc. v. Lilith Games (Shanghai) Co.

Good Law
149 F. Supp. 3d 1167·2015 WL 8178826·117 U.S.P.Q. 2d (BNA) 1083·2015 U.S. Dist. LEXIS 164527
United States District Court, Northern District of CaliforniaDecember 8, 2015No. 3:15-cv-04084-CRBCalifornia3,554 words

Opinion

Lead Opinion

Breyer, J.

ORDER GRANTING MOTION TO DISMISS WITH LEAVE TO AMEND

Video game developers Blizzard Entertainment, Inc. (“Blizzard”) and .Valve Corporation (“Valve”) sued Lilith Games (Shanghai) Co. Ltd (“Lilith”) and uCool, Inc. (“uCool”) for copyright infringement under 17 U.S.C. § 101 et seq. See Compl. (dkt. 1) ¶¶ 30, 39. As copyright holders -of well-known video games, Blizzard and Valve (collectively, “Plaintiffs”) allege that Lilith and uCool’s mobile games impermis-sibly copied the characters, “settings, terrain, background art, and other assets” from Plaintiffs’ numerous video game franchises. See id. ¶¶ 9-13,19-24 . uCool, acting independently of its co-defendant, moves to dismiss Plaintiffs’ Second Claim for Relief — -that is, their sole claim against uCool- — under Federal Rule of Civil Procedure (“FRCP”) 12(b)(6) or, alternatively, moves for a more definite statement under FRCP 12(e). Mot. to Dismiss (dkt. 20) (“MTD”) at 1, 3 n.3. Because Plaintiffs fail to state a plausible- claim for copyright infringement, the Court GRANTS uCool’s motion to dismiss WITH LEAVE TO AMEND.

I. BACKGROUND

Blizzard and Valve are well-known video game developers and copyright owners of the-‘popular…

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