California Court Transfers Game Makers’ DJ Actions to Delaware

  • September 8, 2016

On June 3, 2016, District Judge Richard Andrews issued an order indicating that the court would dismiss three lawsuits brought by Acceleration Bay LLC against Activision Blizzard, Electronic Arts (EA), and Take-Two Interactive Software if Boeing, the original assignee of the patents-in-suit, did not join the cases within 14 days. The Delaware court ruled that the purchase agreement between Boeing and Acceleration Bay did not confer sufficient rights for the NPE to establish prudential standing to sue on its own. Although the defendants won the ensuing race to refile by one day, the Northern District of California has proclaimed Acceleration Bay the winner by applying the first-to-file rule to transfer the defendants’ declaratory judgment actions to the original forum.


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