A federal judge from the Central District of California has delivered a victory to Shanghai Moonton Technology Co., Ltd, which had been sued by Riot Games, Inc. for copyright infringement in a closely watched case in the esports industry.
Judge Michael Fitzgerald granted the defendant’s motion to dismiss based on a “forum non-conveniens” (jurisdictional) argument.
Riot Games, along with parent company Tencent, developed the mobile game League of Legends: Wild Rift. Meanwhile, Moonton, a Chinese video game developer, released the mobile game Mobile Legends: Bang Bang. Riot Games alleged that Moonton infringed on its intellectual property in several elements of League of Legends as well as in its promotional materials.
Moonton claimed in its motion for summary judgment that Riot Games is attempting “to stifle competition in the mobile games industry,” having previously unsuccessfully targeted “Moonton with a similar copyright suit in 2017.”
The court noted that “the question is whether circumstances have truly changed from those that existed in 2017 or whether Riot simply seeks a second bite at the apple, unhappy with the progress (or lack thereof) in the still ongoing, parallel China litigation. The Court deems the latter to be the case.”
Nevertheless, Riot Games has said it will appeal the decision.
“We strongly disagree with the court’s decision and especially its worrying conclusion that China is an ‘adequate alternative forum’ for a U.S. company to pursue its claims of copyright infringement that occurred in the U.S.,” the company said in a statement. “The idea of having U.S. citizens apply for M5 visas to fly overseas in order to ask a Chinese court for relief concerning works that were both created and infringed in the U.S.—defies common sense. On top of that, Moonton’s knock-off game isn’t even available in China. We are exploring all possible options, including an appeal.”
On the other side, Ajay Krishnan, a partner with Keker, Van Nest & Peters, which represented Moonton, was pleased with the decision, noting: “For years, the parties have been litigating highly related copyright claims in China that raise many of the same issues that Riot is now trying to re-raise in the U.S. It would have been duplicative, inefficient, and wholly unfair to proceed with this case in the U.S., where Moonton would lack access to key evidence and witnesses.”
Riot Games, Inc. v. Shanghai Moonton Technology Co., Ltd.; C.D. Cal.; CV-22-3107; 11/8/22
