Epic Games, Inc. v. Acceleration Bay LLC
Opinion
Trial Court Opinion
UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA 5 EPIC GAMES, INC., CASE NO. 4:19-cv-04133-YGR
Plaintiff,
ORDER DENYING DEFENDANT’S MOTION
vs. TO STRIKE
ACCELERATION BAY LLC, Re: Dkt. No. 53 Defendant.
11 Defendant Acceleration Bay LLC (“Acceleration Bay”) requests that the Court strike counterclaims-in-reply asserted by Plaintiff Epic Games, Inc. (“Epic Games”) in its counterclaim answer, or, in the alternative, to reclassify those counterclaims-in-reply as amendments to the complaint. (Dkt. No. 53 (“Mot.”).) Having considered the papers, as well as arguments by counsel on February 11, 2020, the Court DENIES Acceleration Bay’s motion to strike. I. BACKGROUND Epic Games filed this action seeking a declaratory judgment of non-infringement of certain patents owned by Acceleration Bay. (Dkt. No. 1 (“Complaint”).) Acceleration Bay moved to dismiss the complaint on the ground that no “case or controversy” existed between the parties. (Dkt. No. 22.) The…