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TETRIS HOLDING, LLC v. XIO INTERACTIVE, INC.

Civil Action No. 09-6115.

863 F.Supp.2d 394 (2012)

TETRIS HOLDING, LLC and The Tetris Company, LLC, Plaintiffs, v. XIO INTERACTIVE, INC., Defendant.

United States District Court, D. New Jersey.

May 30, 2012.

Attorney(s) appearing for the Case

Dale M. Cendali , Johanna Schmitt , Brendan T. Kehoe , Kirkland & Ellis LLP, New York, NY, Robert J. Schoenberg , Riker Danzig Scherer Hyland & Perretti LLP, Morristown, NJ, for Plaintiffs.

Donald A. Robinson , Robinson, Wettre, & Miller LLC, Newark, NJ, Mark A. Lemley , Joseph C. Gratz , Sonali D. Maitra , Durie Tangri LLP, San Francisco, CA, for Defendant.

OPINION

FREDA L. WOLFSON, District Judge:

Presently before the Court are cross-motions for summary judgment. Plaintiffs Tetris Holding, LLC and the Tetris Company, LLC (collectively "Tetris Holding" or "Plaintiffs") claim that Defendant Xio Interactive, Inc. ("Xio" or "Defendant") has infringed the copyright and trade-dress of Plaintiffs' video game Tetris. Xio does not raise any issue of fact in response, but makes a purely legal argument that because...

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