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Epic Games, Inc. v. Acceleration Bay LLC

Docket 5:19-cv-04133, California Northern District Court (July 18, 2019)
Judge Yvonne Gonzalez Rogers, presiding, Magistrate Judge Sallie Kim
Patent
DivisionSan Jose
FlagsADRMOP, AO279, CLOSED, PROTO, PRVADR, REFDIS
Cause28:1332 Diversity-Injunctive & Declaratory Relief
Case Type830 Patent
Tags830 Patent, 830 Patent
Patent
6701344; 6714966; 6732147; 6829634; 6910069; 6920497; 7412537
6701344671496667321476829634
6910069
69204977412537
Plaintiff Epic Games, Inc.
Defendant Acceleration Bay LLC
Counter Claimant Acceleration Bay LLC
...
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No. 80

Document Epic Games, Inc. v. Acceleration Bay LLC, 5:19-cv-04133, No. 80 (N.D.Cal. Apr. 1, 2020)

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No. 53 MOTION to Strike 45 Answer to to CounterClaim Counterclaims-In-Reply filed by Acceleration ...

Document Epic Games, Inc. v. Acceleration Bay LLC, 5:19-cv-04133, No. 53 (N.D.Cal. Dec. 17, 2019)
Motion to Strike
NOTICE IS HEREBY GIVEN that on February 11, 2020, at 2:00 p.m., or as soon thereafter as counsel may be heard by the Honorable Yvonne Gonzalez Rogers in Courtroom 1, 4th Floor, United States District Court of California, 1301 Clay Street, Oakland, CA 94612, Defendant and Counterclaim-Plaintiff Acceleration Bay, LLC will and hereby does move the court for an order granting Acceleration Bay’s Motion to Strike Epic Games, Inc.’s Counterclaims-in-Reply.
To the contrary, its infringement counterclaims were only a small subset of the non-infringement claims Epic Games asserted in its complaint.
In its answer, Epic Games included six purported “counterclaims-in-reply” seeking a declaratory judgment of invalidity for each of the Asserted Patents (the “Invalidity Counterclaims-in-Reply”).
The Invalidity Counterclaims-in-Reply are not directed to any new material in Acceleration Bay’s Counterclaims, and Epic Games could have included them as affirmative claims in its complaint.
Epic Games appears to be attempting to evade this statutory scheme by withholding its invalidity claims from its complaint and characterizing them as Counterclaims-in-Reply.
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No. 1

Document Epic Games, Inc. v. Acceleration Bay LLC, 5:19-cv-04133, No. 1 (N.D.Cal. Jul. 18, 2019)

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No. 49

Document Epic Games, Inc. v. Acceleration Bay LLC, 5:19-cv-04133, No. 49 (N.D.Cal. Dec. 5, 2019)

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No. 47

Document Epic Games, Inc. v. Acceleration Bay LLC, 5:19-cv-04133, No. 47 (N.D.Cal. Dec. 3, 2019)

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