Antonick v. Electronic Arts, Inc.,

Filing 288

ORDER by Judge Charles R. Breyer denying 194 Motion for Summary Judgment; granting 235 Motion to Strike. (crblc1, COURT STAFF) (Filed on 1/28/2013)

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IN THE UNITED STATES DISTRICT COURT

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FOR THE NORTHERN DISTRICT OF CALIFORNIA

United States District Court
For the Northern District of California

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ROBIN ANTONICK,

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Plaintiff,

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No. C 11-01543 CRB
ORDER DENYING MOTION FOR
SUMMARY JUDGMENT, GRANTING
MOTION TO STRIKE

v.
ELECTRONIC ARTS INC,
Defendant.

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Having carefully considered the parties’ papers, and their arguments at the motion

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hearing, the Court GRANTS Defendant’s Motion to Strike (dkt. 235) and DENIES

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Defendant’s Motion for Summary Judgment (dkt. 194). For the purposes of the summary

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judgment motion, the Court rejects Defendant’s argument that Plaintiff is contractually

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barred from recovering royalties should he prevail on the merits of his claims. The Court

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finds that there are genuine issues of material fact as to (1) whether the Super Nintendo and

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TurboGrafx games are in the same microprocessor family as the Apple II and (2)

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Amendment VIII.

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IT IS SO ORDERED.

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Dated: January 28, 2013

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G:\CRBALL\2011\1543\order re MSJ KK.wpd

CHARLES R. BREYER
UNITED STATES DISTRICT JUDGE