McRo Inc. v. Rockstar Games Inc.

Filing 44

ORDER ADOPTING REPORT AND RECOMMENDATION -- (43) in case 1:12-cv-01513-LPS-CJB; (42) in case 1:12-cv-01517-LPS-CJB; (41) in case 1:12-cv-01519-LPS-CJB: granting in part and denying in part (17) Motion to Dismiss in case 1:12-cv-01513-LPS-CJB; grant ing in part and denying in part (18) Motion to Dismiss in case 1:12-cv-01517-LPS-CJB; granting in part and denying in part (17) Motion to Dismiss in case 1:12-cv-01519-LPS-CJB. Signed by Judge Leonard P. Stark on 4/22/14. Associated Cases: 1:12-cv-01513-LPS-CJB, 1:12-cv-01517-LPS-CJB, 1:12-cv-01519-LPS-CJB (ntl)

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF DELAWARE
McRO, INC., d/b/a PLANET BLUE,
Plaintiff,
Civil Action No. 12-1513-LPS-CJB

v.
ROCKSTAR GAMES, INC.,
Defendant.
McRO, INC., d/b/a PLANET BLUE,
Plaintiff,

v.

Civil Action No. 12-1517-LPS-CJB

TAKE-TWO INTERACTIVE
SOFTWARE, INC.,
Defendant.
McRO, INC., d/b/a PLANET BLUE,
Plaintiff,
Civil Action No. 12-1519-LPS-CJB

v.
2K GAMES, INC.,
Defendant.
......_~

ORDER

At Wilmington thi-;J'i- day of April, 2014.
WHEREAS, Magistrate Judge Burke issued a Report and Recommendation (C.A. No.

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12-1513, D.I. 43), (C.A. No. 12-1517, D.I. 42), and (C.A. No. 12-1519, D.I. 41) on March 17,
2014;
WHEREAS, the Report and Recommendation recommends that the Court GRANT-IN-

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PART and DENY-IN-PART Defendants' Motions to Dismiss (C.A. No. 12-1513, D.I. 17), (C.A.
No. 12-1517, D.I. 18), and (C.A. No. 12-1519, D.I. 17).
WHEREAS, any Objections to the Report and Recommendation were to be filed by April
3, 2014;
WHEREAS, no party has filed an Objection to the Report and Recommendation;
WHEREAS, the Court concludes that the Report and Recommendation should be
adopted for the reasons stated by Magistrate Judge Burke;
NOW THEREFORE, IT IS HEREBY ORDERED that the Report and Recommendation
(C.A. No. 12-1513, D.I. 43), (C.A. No. 12-1517, D.I. 42), and (C.A. No. 12-1519, D.I. 41) is
ADOPTED; and Defendants' Motions to Dismiss (C.A. No. 12-1513, D.I. 17), (C.A. No. 12-

1517, D.I. 18), and (C.A. No. 12-1519, D.I. 17) are GRANTED-IN-PART (as to the claims of
induced and willful infringement), and DENIED-IN-PART (as to the claims of direct
infringement). Plaintiff is granted leave to file a further amended complaint.

UNITED STATES DISTRICT JUDGE

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