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Part 1 Zynga's Motion to Strike

Part 1 Zynga's Motion to Strike

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Published by: Tom Curtis on Sep 14, 2012
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03880.51975/4961402.2
 
Case No. 3:12-CV-04099-SIZYNGA'S MOTION TO STRIKE
QUINN EMANUEL URQUHART & SULLIVAN, LLPClaude M. Stern (Bar No. 96737)claudestern@quinnemanuel.comKarin Kramer (Bar No. 87346)karinkramer@quinnemanuel.com555 Twin Dolphin Drive, 5
th
FloorRedwood Shores, California 94065-2139Telephone: (650) 801-5000Facsimile: (650) 801-5100PAUL HASTINGS LLPBradford K. Newman (Bar No. 178902)bradfordnewman@paulhastings.comPeter C. Meier (Bar No. 179019)petermeier@paulhastings.com1117 S. California AvenuePalo Alto, CA 94304-1106Telephone: (650) 320-1800Facsimile: (650) 320-1900Attorneys for Defendant Zynga Inc.UNITED STATES DISTRICT COURTNORTHERN DISTRICT OF CALIFORNIASAN FRANCISCO DIVISIONELECTRONIC ARTS, INC.,Plaintiff,vs.ZYNGA INC.,Defendant.CASE NO. 3:12-CV-04099-SI
ZYNGA'S NOTICE OF MOTION ANDMOTION TO STRIKE; MEMORANDUMOF POINTS AND AUTHORITIES
Date: December 21, 2012Time: 9:00 a.m.Courtroom: Courtroom 10Comlaint Filed: Auust 3, 2012
 
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03880.51975/4961402.2
 -2-
Case No. 3:12-CV-04099-SIZYNGA'S MOTION TO STRIKE
NOTICE OF MOTION AND MOTION
TO THE CLERK OF THE ABOVE-ENTITLED COURT, PLAINTIFF, AND ITS ATTORNEYSOF RECORD:PLEASE TAKE NOTICE that on December 21, 2012, at 9:00 a.m. or as soon thereafter asthis matter may be heard, in Courtroom 10 of the above-entitled Court, located at 450 Golden GateAvenue, San Francisco, California 94102, before the Honorable Susan Illston, defendant ZyngaInc. will, and hereby does, move the Court for an order striking, pursuant to Federal Rule of CivilProcedure 12(f), the following allegations and exhibits from Plaintiff Electronic Art’s (“EA”)Complaint because they constitute redundant, immaterial, impertinent and/or scandalous matterthat is unfairly prejudicial to Zynga:1.
 
Paragraph 4 and corresponding footnotes;2.
 
Paragraph 6 and corresponding footnotes;3.
 
Paragraph 32 (starting at page 9, line 5), and the copyright registrations included inExhibit A for
The Sims
,
The Sims 2
,
The Sims 3
,
 MySims
, and
The Sims Online
 which are referenced in Paragraph 32;4.
 
Paragraph 33 through Paragraph 52 and corresponding footnotes; and5.
 
Paragraph 61 through Paragraph 62 and corresponding footnotes.This motion is based on this Notice of Motion, the attached Memorandum of Points andAuthorities, the pleadings and documents on file in this case, and all other evidence and argumentsas may be presented at the hearing on the motion.DATED: September 14, 2012 QUINN EMANUEL URQUHART &SULLIVAN, LLPPAUL HASTINGS LLPBy
 /s/ Claude M. Stern
Claude M. SternAttorneys for Defendant Zynga Inc.
 
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03880.51975/4961402.2
 
Case No. 3:12-CV-04099-SIZYNGA'S MOTION TO STRIKE
MEMORANDUM OF POINTS AND AUTHORITIESQUESTIONS PRESENTED
1.
 
Should the Court strike allegations from the Complaint that quote from and cite to blogsand internet publications that serve no purpose other than to try to portray Zynga in a badlight, cannot be used to prove any element of plaintiff Electronic Arts Inc.’s (“EA”) claim,and therefore have no bearing on EA’s single claim for relief?2.
 
Where plaintiff has alleged a single claim of copyright infringement involving one game,should the Court strike allegations regarding accusations and unproven claims related toother games, including games of third parties, that have no bearing on EA’s claim forrelief?3.
 
Where EA has alleged a single claim of copyright infringement involving one game,should copyright registrations for other games that are attached as exhibits to theComplaint be stricken so that there is no confusion about which works are at issue?
PRELIMINARY STATEMENT
EA has brought a single-claim complaint for alleged copyright infringement againstdefendant Zynga Inc., raising one narrow issue: does Zynga’s game,
The Ville
, copy protectableelements of EA’s game,
The Sims Social
? In sharp contrast to the confined inquiry that singleclaim requires, EA’s Complaint is an unrestrained ramble of immaterial, inflammatory, andprejudicial allegations that have no bearing on the issue at hand. These allegations are so patentlyirrelevant to the case that they appear geared more towards inciting the press coverage theygenerated than contributing to legal analysis. Zynga therefore moves to strike them.The objectionable paragraphs of the Complaint comprise the following categories:
 
Selectively quoted – and even anonymous – comments from theblogosphere and internet publications whose sole apparent purpose is totry to portray Zynga in a bad light;
 
Allegations regarding other Zynga games that are not accused in this case;
 
Allegations regarding disputed accusations and claims involving Zyngaand third parties which EA has no standing to assert and which have nobearing on whether
The Ville
infringes
The Sims Social
;

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