U n i t e d S t a t e s D i s t r i c t C o u r t
F o r t h e N o r t h e r n D i s t r i c t o f C a l i f o r n i a
(hereafter, “Facebook’s Motion for Judgment on the Pleadings,” Docket Item No. 56.)
(Docket Item No. 62.)
(hereafter, “Facebook’s Motion to Dismiss,” Docket Item No. 58.)
(hereafter, “May 11 Order,” Docket Item No. 38.)2Presently before the Court are Facebook’s Motion for Judgment on the Pleadings Pursuant toFed. R. Civ. P. 12(c) or, in the Alternative, Partial Summary Judgment of Liability Under CaliforniaPenal Code § 502;
Defendants’ Motion for Summary Judgment;
and Facebook’s Motion toDismiss Counterclaims and Strike Affirmative Defenses.
The Court conducted a hearing on June 7,2010. Based on the papers submitted to date and oral argument, the Court DENIES Facebook’sMotion for Judgment on the Pleadings, DENIES the parties’ Cross-Motions for Summary Judgment,GRANTS Facebook’s Motion to Dismiss Defendants’ counterclaims for violations of Section 2 of the Sherman Act, GRANTS Facebook’s Motion to Dismiss Defendants’ UCL counterclaim, andDENIES Facebook’s Motion to Strike Defendants’ Affirmative Defenses.
II. BACKGROUNDA.Factual Background
A detailed outline of the factual allegations in this case may be found in the Court’s May 11,2009 Order Denying Motion to Dismiss and Granting in Part and Denying in Part Motion for MoreDefinite Statement.
The Court will address the facts of the case, as they relate to the presentMotions, in the Discussion section below.
In its May 11 Order, the Court denied Defendants’ Motion to Dismiss Plaintiff’s claims forcopyright infringement, violation of the Digital Millennium Copyright Act (“DMCA”), trademark infringement under federal law, trademark infringement under state law, and violation of theCalifornia Unfair Competition Law (“UCL”), and granted Defendants’ Motion for a More DefiniteStatement with respect to Plaintiff’s UCL claim.
Case5:08-cv-05780-JW Document89 Filed07/20/10 Page2 of 25