Pursuant to Federal Rule of Civil Procedure 56, Defendants Take-Two Interactive Software, Inc., Rockstar Games, Inc., and 2K Sports, Inc. (collectively, “Defendants”) move for summary judgment of noninfringement.
The grounds for this motion are set forth in Defendants’ opening brief and supporting papers filed contemporaneously herewith, namely: 1) Defendants do not directly infringe the ’344, ’966 and ’497 patents for the same reasons the Court found no direct infringement in the Activision and EA cases, namely, that Defendants do not make, use, sell or offer to sell the claimed inventions, including through testing.
4) For the ’497 patent, there is no infringement because: a. For NBA 2K, Acceleration relies only on inadmissible and irrelevant Microsoft documents for the “port ordering” algorithm element.
WHEREAS, the Court, having consider Defendants’ Motion for Summary Judgment of Non-Infringement; IT IS HEREBY ORDERED this _______ day of _______________, 2019, that Defendants’ Motion is GRANTED as to the following:1 5) Defendants do not directly infringe the ’344, ’966 and ’497 patents for the same reasons the Court found no direct infringement in the Activision and EA cases, namely, that Defendants do not make, use, sell or offer to sell the claimed inventions, including through testing.
8) For the ’497 patent, there is no infringement because: a. For NBA 2K, Acceleration relies only on inadmissible and irrelevant Microsoft documents for the “port ordering” algorithm element.