Silicon Knights, Inc. v. Epic Games, Inc.

Plaintiff: Silicon Knights, Inc.
Defendant: Epic Games, Inc.
Case Number: 5:2007cv00275
Filed: July 18, 2007
Court: North Carolina Eastern District Court
Office: Western Division Office
County: WAKE
Presiding Judge: James C. Dever
Nature of Suit: Contract: Other
Cause of Action: 28:1332 Diversity-Breach of Contract
Jury Demanded By: Plaintiff

Available Case Documents

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Date Filed#Document Text
September 17, 2008 204 Opinion or Order of the Court ORDER regarding 192 Defendant's motion to consider supplemental declarations. Defendant's motion is ALLOWED. The court will consider the supplemental declarations subject to the motion in deciding 170 defendant's motion to compel of 14 August 2008. Signed by USMJ James E. Gates on 9/17/2008. (Richards, J.)
November 14, 2008 221 Opinion or Order of the Court ORDER allowing 162 , 172 , and 181 defendant's unopposed motions to file documents under seal; allowing 174 and 177 plaintiff's unopposed motions to file documents under seal; and, allowing 202 joint motion to seal the transcript of the 19 August 2008 status conference. The documents subject to the motions shall remain under seal in accordance with Local Civil Rule 79.2(b), E.D.N.C. Signed by USMJ James E. Gates on 11/14/2008. (Richards, J.)
December 23, 2008 260 Opinion or Order of the Court ORDER granting in part and denying in part 223 Motion for Protective Order; granting 225 Motion to Seal; granting 231 Motion to Seal; granting 241 Motion to Seal Document ; granting 243 Motion to Seal Document. The documents appearing at D E# 228,237,238,239 and 248 shall remain permanently sealed. The redacted version of the court's 11/21/2008 order, as proposed at DE#242-2 shall be filed as the public version of the court's 11/21/2008 order. The next status conference is set for Thursday, 1/22/2009 at 2:00 p.m., Fifth Floor Courtoom, Raleigh, NC and counsel are directed to attend. Signed by USMJ James E. Gates on 12/23/2008. (Skinner, J.)
January 6, 2009 272 Opinion or Order of the Court ORDER allowing in part and denying in part 229 Defendant's Motion to Compel responses to requests for production. Each party shall bear its own expenses on the motion.Signed by USMJ James E. Gates on 1/6/2009. (Richards, J.)
January 22, 2009 283 Opinion or Order of the Court ORDER: (1) Epic Games, Inc.'s (Epic) 281 Motion to Strike is ALLOWED in PART and DENIED in PART; (2) Each party shall provide to the opposing party by 28 January 2009 a list of all agreements between Silicon Knights (SK) and Nintendo the party has in its possession. SK shall produce to Epic by 6 February 2009 any such agreements on its list that do not also appear on Epic's list; (3) SK shall produce to Epic documents sufficient to identify the particular artwork project discussed at the conference by 28 January 2009; (4) The parties shall be permitted an extension of time to provide an update on the status of their meet and confer concerning the issues raised in SK's 234 motion to compel by 26 January 2009; (5) The next s tatus conference in this case shall be held on Wednesday, 25 February 2009, at 2:00 p.m. in the Sixth Floor Courtroom, Terry Sanford Federal Building, 310 New Bern Avenue, Raleigh, North Carolina. Signed by USMJ James E. Gates on 1/22/2009. PLEASE REVIEW THE ORDER FOR ADDITIONAL CRITICAL INFORMATION. (Richards, J.)
March 5, 2009 322 Opinion or Order of the Court ORDER allowing defendant and counterclaim plaintiff Epic Games, Inc.'s 249 and 263 unopposed motions to file documents under seal and allowing plaintiff and counterclaim defendant Silicon Knights, Inc.'s 255 , 276 , and 279 unopposed motions to file documents under seal. Signed by USMJ James E. Gates on 3/5/2009. (Richards, J.)
March 5, 2009 323 Opinion or Order of the Court ORDER denying without prejudice to renewing 293 defendant and counterclaim plaintiff's Motion to Compel and denying as moot 310 plaintiff and counterclaim defendant's Motion for an Indefinite Extension of Time to File a Response to the Motion to Compel. Signed by USMJ James E. Gates on 3/5/2009. (Richards, J.)
June 15, 2010 527 Opinion or Order of the Court ORDER denying 417 Motion to Seal; denying 428 Motion to Seal Document ; denying 457 Motion to Seal; denying 472 Motion to Seal. Signed by USMJ James E. Gates on 6/14/2010. Copies served. (Sawyer, D.)
June 15, 2010 528 Opinion or Order of the Court ORDER: Granting 443 Motion to Seal; granting 487 Motion to Seal Document ; granting 490 Motion to Seal; granting 497 Motion to Seal; granting 497 Motion to Seal Document ; granting 502 Motion to Seal; granting 509 Motion to Seal; granting 512 Motion to Seal; granting 515 Motion to Seal; granting 517 Motion to Seal. Signed by USMJ James E. Gates on 6/14/2010. Copies served. (Sawyer, D.)
July 22, 2010 555 Opinion or Order of the Court ORDER INCORRECTLY DOCKETED-REDOCKETED AT 557 . Sawyer, D.).
August 23, 2010 572 Opinion or Order of the Court ORDER ADOPTING 556 MEMORANDUM AND RECOMMENDATIONS: The court has reviewed the M&R, the record, and the briefs. The court is satisfied that there is no clear error on the face of the record. Accordingly, the court accepts the M&R. Thus, SK's m otion for partial summary judgment [D.E. 412, 418] is DENIED; Epic's motion to strike [D.E. 473] is GRANTED IN PART and DENIED IN PART and the portions of SK's reply in support of its summary judgment motion are STRICKEN as identified in the M&R; Epic's motion to stay [D.E. 480] is DENIED; and, SK's claim for costs in defending against Epic's counterclaims is DENIED. Signed by Judge James C. Dever III on 8/19/2010. (Sawyer, D.)
February 15, 2011 597 Opinion or Order of the Court ORDER granting 595 Motion to Seal. Signed by Judge James C. Dever III on 2/15/2011. (Sawyer, D.)
March 15, 2011 601 Opinion or Order of the Court ORDER: The motions before the court (D.E. 539, 566, and 569) to temporarily seal them are ALLOWED. The documents subject to the motions shall remain under seal until the court issues an order on any motions to permanently seal these materials. Signed by U.S. Magistrate Judge James E. Gates on 3/14/2011. (Sawyer, D.)
March 15, 2011 602 Opinion or Order of the Court ORDER: IT IS ORDERED that 1) The three motions presently before the court (D.E. 575, 589, and 590) are ALLOWED; 2) Exhibits 38 and 39, as filed at D.E. 579-4 and 579-5, shall be placed under permanent seal in accordance with Local Civil Rule 79.2(b), E.D.N.C.; and 3) The remaining documents subject to the motions as identified therein, all of which that are already under temporary seal, shall be permanently sealed in accordance with Local Civil Rule 79.2(b). Signed by Magistrate U.S. Judge James E. Gates on 3/14/2011. (Sawyer, D.)
March 15, 2011 603 Opinion or Order of the Court ORDER: IT IS ORDERED that 1) Epic's motion (D.E. 549) for permanent sealing is ALLOWED; 2)the documents subject to this motion, as identified in footnote 2 (including specifically the information included in the redactions shown in D.E. 541-547) , shall be PERMANENTLY SEALED in accordance with Local Civil Rule 79.2(b); 3) Epic's motion (D.E. 548) for approval of the prior temporary sealing of the documents subject to this motion is ALLOWED; and 4) the documents subject to this motion, found at D.E. 541-547, shall now be UNSEALED. Signed by U.S. Magistrate Judge James E. Gates on 3/14/2011. (Sawyer, D.)
March 24, 2011 604 Opinion or Order of the Court ORDER granting 598 Epic's motion for leave to file a reply to plaintiff's response to defendant's objections to the Memorandum and Recommendation. The court accepts Epic's proposed reply brief. Signed by District Judge James C. Dever III on 3/24/2011. (Richards, J.)
March 24, 2011 605 Opinion or Order of the Court ORDER adopting 592 Memorandum and Recommendations and granting in part and denying in part 531 Motion for Summary Judgment. Signed by District Judge James C. Dever III on 3/24/11. (Cress, L.)
October 27, 2011 685 Opinion or Order of the Court ORDER granting in part and denying in part 665 Motion to Exclude Undisclosed Witnesses From Testifying at Trial. Clifford Bleszinski and Steven Polge may not testify at trial. Alan Willard and Nick Penwarden may testify at trial. Signed by Chief Judge James C. Dever III on 10/27/11. (Tripp, S.)
October 27, 2011 686 Opinion or Order of the Court ORDER denying without prejudice 618 Motion in Limine. Signed by Chief Judge James C. Dever III on 10/27/11. (Tripp, S.)
October 28, 2011 687 Opinion or Order of the Court ORDER denying 613 Motion to Exclude Testimony of Silicon Knight, Inc.'s Expert Robert Young; denying 626 Motion to Exclude the Report and Testimony of Silicon Knights, Inc.'s Expert Robert Zdybel; granting in part and denying in part [6 40] Motion to Seal Document 638 PROPOSED SEALED Response - Sections I, III.A, III.C, III.D, III.E, and III.F of SK's response and the supporting documents are properly sealed. The balance of the memorandum is not; granting in part and denying in part 653 Motion to Seal Document 645 PROPOSED SEALED Response - Sections III.A, III.D, and III.E of SK's response and the supporting documents are properly sealed. The balance of the memorandum is not. Signed by Chief Judge James C. Dever III on 10/28/11. (Tripp, S.)
October 31, 2011 688 Opinion or Order of the Court ORDER granting 611 Motion to Bifurcate and granting in part and denying in part 630 Motion to Seal Document. Signed by Chief US District Judge James C. Dever III on 10/31/2011. (Sawyer, D.)
November 8, 2011 692 Opinion or Order of the Court ORDER granting in part and denying in part 616 Motion in Limine, denying 624 Motion in Limine, and granting in part and denying in part 642 Motion to Seal Document. Signed by Chief US District Judge James C. Dever III on 11/8/2011. (Sawyer, D.)
December 22, 2011 697 Opinion or Order of the Court ORDER: The court GRANTS Epic's motion to exclude the reports and testimony of Terry Lloyd [D.E. 620], and excludes Lloyd's opinions on damages. The court DENIES in part and GRANTS in part Epic's motion to seal the supporting memorandum and exhibits [D.E. 623]. The court also DENIES in part and GRANTS in part Silicon Knight's motion to seal the response in opposition and accompanying exhibits [D.E. 644]. Signed by Chief Judge James C. Dever III on 12/22/2011. (Sawyer, D.)
January 25, 2012 702 Opinion or Order of the Court ORDER denying 672 Motion to Seal Document. Signed by Chief Judge James C. Dever III on 1/25/2012. (Sawyer, D.)
May 7, 2012 761 Opinion or Order of the Court ORDER granting in part 721 Motion to Exclude Evidence of and Argument on Damages and denying as moot 700 Motion for Leave to File Motion in Limine. Signed by Chief Judge James C. Dever III on 5/7/2012. (Sawyer, D.)
May 30, 2012 804 Opinion or Order of the Court JUDGMENT: IT IS ORDERED AND ADJUDGED that Silicon Knights, Inc. have and recover nothing from Epic Games, Inc., that Epic Games, Inc. is entitled to recover from Silicon Knights, Inc. the sum of $2,650,000.00 for breach of the May 10, 2005 lice nse agreement, and the sum of $1,800,000.00 for infringement of a copyright or copyrights and misappropriation of a trade secret or trade secrets of Epic Games, Inc. These sums shall bear interest at the legal rate. Signed by Debby Sawyer, Deputy Clerk for Julie A. Richards, Clerk of Court on 5/30/2012. (Sawyer, D.)
November 7, 2012 862 Opinion or Order of the Court ORDER denying 808 Motion to Stay; Granting in part and denying in part 813 Motion for Bill of Costs; Granting in part and denying in part 814 Motion for Attorney Fees; Granting in part and denying in part 816 Motion to Amend/Correct; Deny ing 818 Motion to Alter Judgment; Granting in part and denying in part 820 Motion for Permanent Injunction; Granting 823 Motion to Seal; Denying 824 Motion for Judgment as a Matter of Law; Granting 828 Motion to Compel; and Granting 833 Motion to Seal. Counsel should read the order in its entirety for all information. Signed by Chief Judge James C. Dever III on 11/7/2012. (Sawyer, D.)
November 8, 2012 863 Opinion or Order of the Court SUPPLEMENTAL JUDGMENT: IT IS ORDERED AND ADJUDGED that the court DENIES Silicon Knights, Inc.'s Motion to Stay [D.E. 808]. The court GRANTS IN PART and DENIES IN PART Epic Games, Inc.'s Motion for Costs [D.E. 813], GRANTS IN PART and DENI ES IN PART Silicon Knights, Inc.'s Motion to Disallow Costs [D.E. 838], and awards Epic Games, Inc. $277,852.13 in costs. The court GRANTS IN PART and DENIES IN PART Epic Games, Inc.'s Motion for Attorneys Fees and Expert Witness Fees [D.E. 814], awards Epic Games, Inc. $2,091,722.83 in attorneys fees, and awards Epic Games, Inc. $680.00 in expert witness fees. The court GRANTS IN PART and DENIES IN PART Epic Games, Inc.'s Motion to Amend the Judgment [D.E. 816] and amends the Judgment [D.E. 804] to reflect $2,302,147.96 in prejudgment interest on Epic Games, Inc.'s breach of contract counterclaim. The court DENIES Silicon Knights, Inc.'s Motion to Alter the Judgment by Remittitur [D.E. 818]. Th e court GRANTS IN PART and DENIES IN PART Epic Games, Inc.'s Motion for a Permanent Injunction [D.E. 820], and ORDERS the injunctive relief described in the Court's Order of November 7, 2012 [D.E 862]. The court DENIES Silicon Knights, Inc. 's Motion for Judgment as a Matter of Law [D.E. 824]. The court GRANTS Epic Games, Inc.'s Motion to Compel [D.E. 828]. Silicon Knights, Inc. shall provide complete responses to the requested discovery not later than December 3, 2012. The court GRANTS Epic Games, Inc.'s two Motions to Seal [D.E. 823, 833]. The court retains jurisdiction of the matter. Signed by Debby Sawyer, Deputy Clerk for Julie A. Richards, Clerk of Court on 11/8/2012. (Sawyer, D.)

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Plaintiff: Silicon Knights, Inc.
Represented By: Hayden J. Silver, III
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Defendant: Epic Games, Inc.
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