From Casetext: Smarter Legal Research

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

United States District Court, E.D. North Carolina, Western Division
Mar 24, 2011
No. 5:07-CV-275-D (E.D.N.C. Mar. 24, 2011)

Opinion

No. 5:07-CV-275-D.

March 24, 2011


ORDER


On January 25, 2011, Magistrate Judge Gates issued a Memorandum and Recommendation ("M R") [D.E. 592]. In that M R, Judge Gates recommended that Epic Games, Inc.'s ("Epic" or "defendant") motion for summary judgment be granted in part and denied in part [D.E. 531].

On February 4, 2011, Epic filed objections [D.E. 594] to the M R. On February 14, 2011, Silicon Knights, Inc. ("SK" or "plaintiff") filed its response [D.E. 596] to Epic's objections. The court has reviewed the M R, the record, defendant's objections, plaintiff's response to the objections, and defendant's reply. As for those portions of the M R to which no objections were made, the court is satisfied that there is no clear error on the face of the record. As for the objections, the court has reviewed them de novo. See Diamond v. Colonial Life Accident Ins. Co., 416 F.3d 310, 315 (4th Cir. 2005).

The court agrees that genuine issues of material fact exist as to some, but not all, claims. Accordingly, Epic's motion for summary judgment is GRANTED as to SK's claims for intentional interference with contractual relations (third cause of action), intentional interference with prospective economic advantage (fourth cause of action), unjust enrichment (eighth cause of action), and rescission or reformation (ninth cause of action), and these claims are DISMISSED with prejudice. Epic's motion for summary judgment is DENIED as to SK's claims for fraudulent inducement (first cause of action), negligent misrepresentation (second cause of action), UDTPA violations (sixth cause of action), common law unfair competition (seventh cause of action), and Epic's counterclaim for copyright infringement (first counterclaim). Thus, Epic's motion for summary judgment [D.E. 531] is GRANTED IN PART and DENIED IN PART.

SO ORDERED.


Summaries of

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

United States District Court, E.D. North Carolina, Western Division
Mar 24, 2011
No. 5:07-CV-275-D (E.D.N.C. Mar. 24, 2011)
Case details for

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

Case Details

Full title:SILICON KNIGHTS, INC., Plaintiff, v. EPIC GAMES, INC., Defendant

Court:United States District Court, E.D. North Carolina, Western Division

Date published: Mar 24, 2011

Citations

No. 5:07-CV-275-D (E.D.N.C. Mar. 24, 2011)

Citing Cases

Stillwagon v. Innsbrook Golf & Marina, LLC

North Carolina's economic loss rule limits a contracting party's ability to recover in tort and, in general,…

Guhne v. Ceridian HCM, Inc.

Airlines, Inc. v. C-S Aviation Servs., 733 S.E.2d 162, 169 (N.C. Ct. App. 2012), disc. rev. denied, 743…