Epic Games, Inc. v. Acceleration Bay LLC

1 2 3 UNITED STATES DISTRICT COURT 4 NORTHERN DISTRICT OF CALIFORNIA 5 6 EPIC GAMES, INC., CASE NO. 4:19-cv-04133-YGR

7 Plaintiff,

ORDER DENYING DEFENDANT’S MOTION

8 vs. TO STRIKE

9 ACCELERATION BAY LLC, Re: Dkt. No. 53 10 Defendant.

11 12 Defendant Acceleration Bay LLC (“Acceleration Bay”) requests that the Court strike 13 counterclaims-in-reply asserted by Plaintiff Epic Games, Inc. (“Epic Games”) in its counterclaim 14 answer, or, in the alternative, to reclassify those counterclaims-in-reply as amendments to the 15 complaint. (Dkt. No. 53 (“Mot.”).) Having considered the papers, as well as arguments by 16 counsel on February 11, 2020, the Court DENIES Acceleration Bay’s motion to strike. 17 I. BACKGROUND 18 Epic Games filed this action seeking a declaratory judgment of non-infringement of certain 19 patents owned by Acceleration Bay. (Dkt. No. 1 (“Complaint”).) Acceleration Bay moved to 20 dismiss the complaint on the ground that no “case or controversy” existed between the parties. 21 (Dkt. No. 22.) The…