Epic Games, Inc. v. Acceleration Bay LLC
- Yvonne Rogers
- 4:19-cv-04133
- U.S. District Court · Northern District of California
- 2
Epic Games v. Acceleration Bay: Judge Rogers denied Acceleration Bay’s motion to dismiss and temporarily granted sealing of certain materials.
Epic Games, Inc. and Acceleration Bay LLC; the case proceeds after the denial of the motion to dismiss, and the sealed materials remain sealed for purposes of that motion only.
What happened
Epic Games, Inc. sued Acceleration Bay LLC, which asked the court to dismiss the case. The opinion does not explain the underlying claims or the reasons for dismissal in detail, but it states that federal jurisdiction was proper.
The court denied Acceleration Bay’s motion to dismiss. It also granted Epic Games’ motion to seal certain exhibits and brief portions for purposes of the motion only, while warning that permanent sealing had not been justified.
Judge Yvonne Gonzalez Rogers ordered Acceleration Bay to answer by November 5, 2019, and scheduled an initial case-management conference for December 2, 2019. The order terminated Docket Numbers 22 and 26.
The detailed version
- Epic Games, Inc. v. Acceleration Bay LLC · No. 4:19-cv-04133
- Yvonne Rogers
- Oct. 25, 2019
Motions and jurisdiction
Acceleration Bay LLC filed a motion to dismiss. After hearing oral argument, the court stated that subject-matter jurisdiction was proper under the authorities it cited, including MedImmune, Inc. v. Genentech, Inc. and Hewlett-Packard Co. v. Acceleron LLC. The court then denied the motion to dismiss.
Sealing request
Epic Games, Inc. separately moved to seal certain exhibits and portions of its opposition brief, stating that the information had been provided under a protective order. Acceleration Bay asked that the material be sealed because it allegedly contained confidential licensing information. The court said it was unclear whether Epic agreed with that characterization or whether the information was actually licensing information. The court granted the motion to seal for purposes of the motion only. It stated that it was not yet convinced the material would meet the higher “compelling reasons” standard that could apply later in the litigation.
Next steps and disposition
The court ordered Acceleration Bay to file an answer by November 5,
- It set an initial case-management conference for December 2, 2019, and required the parties to file a joint case-management statement by November 25,
- The order terminated Docket Numbers 22 and
- Judge Yvonne Gonzalez Rogers signed the order on October 25, 2019.
Read the full 2-page opinion on CourtListener, the free public archive maintained by the Free Law Project.