Roblox Corporation v. WowWee Group Limited

Opinion

1 2 3 6 7 ROBLOX CORPORATION, Case No. 22-cv-04476-SI 8 Plaintiff, ORDER GRANTING MOTION FOR 9 Vv. RECONSIDERATION OF PART OF ORDER ON MOTION TO DISMISS 10 WOWWEE GROUP LIMITED, et al., (DKT. NO. 69) 11 Defendants. Re: Dkt. No. 123 a 12

13 Before the Court is plaintiff Roblox Corporation’s motion for reconsideration of part of order

v 14 || on motion to dismiss (Dkt. No. 69). In accordance with the discussion before the Court on October

15 || 20, 2023, part of the prior dismissal order, pertaining to claims based on the Avatar Bases, is G 16 || reconsidered and amended as follows. See Dkt. No. 69, at 7-8 (lines 15-28 on page 7 and lines 1-

= 17 12 on page 8). In accordance with the intervening Ninth Circuit decision in Enterprise Management

18 Ltd., Inc. v. Construx Software Builders, Inc., 73 F.4th 1048 (9th Cir. 2023), Roblox may claim that 19 || copyrightable elements of the Avatar Bases that were included in the registered derivative works— 20 || the Cindy, Kenneth, Dennis, and Lindsey digital avatars—were infringed. 21 23 || Dated: October 20, 2023 24 United States District Judge 26 27 28