Epic Games is moving forward with its lawsuit against Acceleration Bay (ABC) following an order denying the defendant’s motion to dismiss.
Taking the initiative upon itself, Epic Games filed suit several months ago against Acceleration Bay, seeking a declaratory judgment that their game Fortnite did not infringe on patents owned by the defendant. The lawsuit was predicated on contacts between the two parties where ABC appeared to be offering a “mutual resolution” to avoid potential litigation, as it believed that Epic Games had infringed on a patent owned related to network technology. Epic got snarky with its response, noting that ABC appears to exist solely to litigate patents it buys in bulk from third parties.
Last month Acceleration Bay filed a motion to dismiss on grounds of lack of subject matter jurisdiction (wrong court) and lack of controversy (there must be reasonable anticipation of a lawsuit in order to file for a declaratory judgment). Following oral arguments on October 22, the court denied the motion. Acceleration Bay must file an answer to the lawsuit no later than November 5.
As always, MMO Fallout has uploaded the relevant dockets to our Google Drive. You can view the decision at this link. The file included a motion to seal certain exhibits so you may see some of our documents get replaced/removed/redacted in the future depending on circumstances.