Upcoming 9th Circuit Oral Arg'ts in IP Cases

Watch live: http://www.ca9.uscourts.gov/media/live_oral_arguments.
php
Watch archived: http://www.ca9.uscourts.gov/media
NINTH CIRCUIT ORAL ARGUMENTS IN

INTELLECTUAL PROPERTY CASES
October, November, and December 2018
October 9, 2018 9:00 am Courtroom 1, Pasadena

16-56890 Ruby Glen, LLC v. ICANN - Ruby Glen appeals dismissal of its action against
ICANN seeking to temporarily enjoin it from conducting an auction.

17-55851 Anhing Corporation v. Viet Phu, Inc. - Appeal from the denial of a motion for
attorneys' fees under the Lanham Act.
ORAL ARGUMENT: None [Submitted on briefs]
DECISION:

17-55504 Guillermo Robles v. Dominos Pizza LLC - An appeal from the dismissal,
pursuant to the primary jurisdiction doctrine, of claims under the Americans with Disabilities Act
regarding the accessibility of a private company's website to blind or visually impaired people.
October 15, 2018 9:00 am Courtroom 3, San Francisco

17-15634 Tessera, Inc. v. Toshiba Corp. – Tessera appeals the judgment holding that
Toshiba was not obligated to pay patent royalties to Tessera.
October 16, 2018 9:00 am Courtroom 1, San Francisco

17-16206 Winston Smith v. Facebook, Inc. - Plaintiffs appeal dismissal of their action
under the Wiretap Act and California law as barred by their consent to Facebook's tracking of their web
browsing activity.
November 6, 2018 9:00 am 7th Floor Courtroom 2, Seattle

17-56607 Christopher Lewert v. Boiron Inc. - Lewert appeals the judgment in a putative
class action alleging various false advertising claims.
November 7, 2018 9:30 am Courtroom 1, Pasadena

17-55687 Reserve Media, Inc. v. Efficient Frontiers, Inc. - An appeal from summary
judgment in an action under the Lanham Act.
November 9, 2018 9:00 am 2nd Floor Courtroom, Portland

17-56435 Tatiana Korolshteyn v. COSTCO - Plaintiffs appeal the summary judgment in a
diversity class action alleging CostCo mislabeled Gingko Biloba products.
November 13, 2018 9:00 am Courtroom 1, San Francisco

17-16242 Paul Dachauer v. NBTY, Inc. - Plaintiff appeals summary judgment in a putative
class action alleging that defendants’ vitamin E supplements used false or misleading labels.
Page 1 of 41
Watch live: http://www.ca9.uscourts.gov/media/live_oral_arguments.php

17-16233 Darnaa, LLC v. Google LLC - Darnaa appeals dismissal of a diversity action
against Google, LLC, and YouTube, LLC, alleging various claims arising after YouTube removed a music
video entitled "Cowgirl."

17-10270 USA v. Joseph Shayota - Appeal from convictions for conspiracy to traffic in
counterfeit goods.

17-55505 Reflex Media, Inc. v. Apiriliaco Ltd. - An appeal from the default judgment in
an action under the Lanham Act.
December 3, 2018 9:30 am Courtroom 1, Pasadena

17-55901 Cynthia Painter v. Blue Diamond Growers - Painter appeals dismissal of her
diversity putative class action alleging false advertising claims and the mislabeling of Blue Diamond’s
almond milk products.

17-56143 Bruce McMahon v. Take-Two Interactive Software - Plaintiffs appeal dismissal
of a diversity putative class action against Take-Two Interactive Software, Inc. alleging claims arising
when they purchased Take-Two’s Grand Theft Auto V video game.

17-56245 Hope Road Merchandising LLC v. Jammin Java Corporation – Licensee Jammin
Java appeals judgment in favor of Licensor Hope Road in its diversity action alleging breach of a licensing
agreement and trademark infringement.

17-55742 Quoc Viet Foods, Inc. v. VV Foods, LLC - Appeals from the judgment after trial
and denial of attorneys' fees in a trademark case.

17-55818 Gold Value International v. Sanctuary Clothing, LLC - An appeal from summary
judgment in a copyright case.

17-56313 Royal Palm Filmworks, Inc. v. Fifty-Six Hope Road Music, Ltd - An appeal from
the dismissal of an action under the Copyright Act.

18-55036 Sweet People Apparel, Inc. v. Phoenix Fibers, Inc. - An appeal from summary
judgment on trademark and contract claims.
December 17, 2018 9:30 am Courtroom 1, San Francisco

17-16509 Media Rights Technologies, Inc v. Microsoft Corporation - An appeal from the
district court's dismissal of a copyright infringement action on the ground of res judicata.
Page 2 of 41

18-16123 ProteinHouse Franchising, LLC v. Eat Strong, LLC - Appeal from denial of a
motion for a preliminary injunction in an action under the Lanham Act and Nevada state law.

17-16815 Applied Underwriters, Inc. v. Larry Lichtenegger - An appeal from the dismissal
of a trademark infringement action.
PREVIOUS ORAL ARGUMENTS
September 6, 2018 9:30 am Courtroom 1, San Francisco

17-15506 Steve Liguori v. Bert Hansen - Appeals from the award of attorneys' fees on
claims of copyright infringement and breach of a licensing agreement regarding souvenirs based on a
Hoover Dam "high scaler" sculpture.

17-15591 Anheuser-Busch Cos. v. James Clark - Clark appeals denial of his motion to
strike Anheuser-Busch’s trade secret action under California’s Anti-SLAPP statute.
September 25, 2018 10:30 am Courtroom 3, Pasadena - En Banc

16-16073 American Beverage Assn. v. City & County of San Francisco - Plaintiffs appeal
denial of their motion for a preliminary injunction seeking to enjoin enforcement of an ordinance
requiring advertisers of sugar-sweetened beverages to display warnings.
August 8, 2018 9:30 am Courtroom 1, Pasadena

17-56815 Raymond Potlongo, Jr. v. Herff Jones, LLC - Herff Jones appeals interlocutorily
the order granting Potlongo's motion for a preliminary injunction in a diversity action concerning
enforcement on a non-compete clause.

16-50221 USA v. Derek Sing - Appeal from conviction for unauthorized transmission of
trade secrets and unauthorized possession of trade secrets.

17-55888 Amusement Art v. Life is Beautiful - Appeals from the district court's summary
judgment and award of attorneys' fees on trademark and copyright claims.
DECISION:

17-56513 AECOM Energy & Constr. v. Morrison Knudsen Corp. - An appeal from a
preliminary injunction against defendants' use of Morrison Knudsen trademarks.
DECISION:
August 28, 2018 9:30 am 7th Floor Courtroom 2, Seattle

17-35588 VHT, Inc. v. Zillow Group, Inc. - An appeal and a cross-appeal from judgment
after jury trial on claims under the Copyright Act.
Page 3 of 41
July 10, 2018 8:30 am Courtroom 1, San Francisco

17-17490 Sherif Abdou v. Davita, Inc. – Appeal from a preliminary injunction challenging
noncompete agreements.
July 13, 2018 9:00 am Courtroom 2, Seattle

17-35173 Steven Lasoff v. Amazon.com - Appeal from summary judgment in a Lanham
Act action.
June 5, 2018 9:00 am Courtroom 3, Pasadena

17-55051 Raul Caiz v. William Roberts, II - An appeal from summary judgment in a
trademark infringement case.
June 6, 2018 9:00 am Courtroom 2, Seattle

17-35263 Rockin Artwork, LLC v. Bravado Int'l Group Merch. - An appeal from judgment
and award of discovery sanctions in a Lanham Act action concerning Jimi Hendrix merchandise.
DECISION:
June 7, 2018 9:00 am Courtroom 2, Seattle

17-35044 YS Built LLC v. Ya Hsing Chiang Cindy Huang - YS Built appeals the judgment,
after a bench trial, in its action alleging infringement of copyrights in architectural plans.
June 12, 2018 9:30 am Courtroom 1, San Francisco

17-15336 Jack in the Box, Inc. v. Deepak Mehta - An appeal from summary judgment in
an action under the Lanham Act and California state law against former Jack in the Box franchisees.
DECISION:
June 12, 2018 9:45 am Anchorage Alaska

17-35688 Security Alarm Financing v. Alarm Protection Technology - Alarm Protection
appeals the judgment, following a jury trial, in an action alleging defamation and trademark claims.
May 14, 2018 9:30 am Courtroom 1, Pasadena

16-55565 Jon Astor-White v. Daniel Strong - An appeal from the dismissal of an action
under the Copyright Act.
May 15, 2018 9:00 am 2nd Floor Courtroom, Portland

16-35688 Glacier Films (USA), Inc. v. Andrey Turchin - An appeal from an order denying
attorneys' fees in a copyright case.
May 17, 2018 9:30 am Courtroom 1, San Francisco

16-17056 Patrick Hendricks v. Starkist Co. – Appeals of the order granting final approval
of a class settlement, and order of attorneys’ fees in a diversity class action alleging false advertising.
Page 4 of 41

16-56272 Wendy Chowning v. Kohl's Department Stores, Inc. - Chowning appeals the
judgment in a diversity putative class action alleging that Kohl's violated California consumer protection
statutes by advertising false price discounts.

16-56307 Josue Romero v. Provide Commerce, Inc. - Objector appeals the order approving
class settlement and granting attorneys' fees in a diversity class action alleging false advertising.

16-56764 Steven Russell v. Kohl's Department Stores, Inc. - Objectors appeal order
approving settlement and attorneys' fees arising from a class action alleging false advertising.

17-35041 Cobbler Nevada, LLC v. Thomas Gonzales - An appeal from the dismissal of an
action under the Copyright Act.
May 18, 2018 9:00 am Courtroom 2, Seattle

17-35253 LHF Productions Inc. v. Aaron Lightner - Appeals from the judgment and award
of attorneys' fees in five copyright infringement cases.
April 9, 2018 9:00 am Courtroom 1, Pasadena

16-56715 Christopher Gordon v. Drape Creative, Inc. - Appeal from summary judgment
ruling that trademark infringement claims were barred by the First Amendment.

16-56252 Chuck Close v. Sothebys, Inc. - Appeals from the dismissal, based on Copyright
Act preemption, of putative class actions alleging violations of California's Resale Royalties Act.

16-56354 Ketab Corp. v. Mesriani and Associates - Appeals from the judgment in a
ORAL ARGUMENT: https://www.ca9.uscourts.gov/media/view_video.php?pk_vid=0000013500
DECISION:
April 11, 2018 9:30 am Courtroom 3, San Francisco

17-15526 Dropbox, Inc. v. Thru Inc. - Appeal from summary judgment and award of
attorneys' fees Lanham Act action.
DECISION:
April 11, 2018 9:30 am Courtroom 3, San Francisco

17-15178 AMA Multimedia v. Sagan Ltd. - Appeal from dismissal of a copyright case on
the basis of forum non conveniens.

16-56658 Oksana Baiul v. NBC Sports - Oksana Baiul appeals judgment in favor of NBC in
Baiul's diversity action alleging she was not properly compensated for a 1994 televised special.
Page 5 of 41

17-55325 Pinkette Clothing, Inc. v. Cosmetic Warriors Ltd. - An appeal from grant of
judgment for defendant in trademark infringement action based on laches.

16-56311 Shame On You Productions v. Elizabeth Banks - Appeals from the district court's
orders awarding attorneys' fees and costs under the Copyright Act.
March 5, 2018 9:00 am Courtroom 2, Seattle

15-35970 Michael Swanson v. Instagram LLC - An appeal from judgment in a trademark
infringement case.
March 7, 2018 9:00 am Courtroom 2, Seattle

16-35982 OTR Wheel Engineering, Inc. v. West Worldwide Services, Inc. - Appeals from
the judgment after a jury trial in a trademark case.
March 12, 2018 9:00 am Courtroom 1, San Francisco

16-35614 Aqua Star (USA) Corp. v. Travelers Casualty and Surety - Aqua Star appeals
summary judgment in an insurance coverage action seeking to recover for losses caused by computer
hacking.

16-56287 Michael Skidmore v. Led Zeppelin - Appeals from the judgment after a jury trial
on a copyright infringement claim regarding the song "Stairway to Heaven."

17-16783 hiQ Labs, Inc. v. LinkedIn Corporation - LinkedIn appeals the order preliminarily
enjoining it from preventing hiQ Labs from accessing data on LinkedIn's website.

16-56511 Freeman Investment Management v. Frank Russell Company - Freeman
appeals summary judgment in its diversity action alleging trade secret misappropriation and other
claims concerning stock market indexes.
February 5, 2018 9:00 Courtroom 2, Pasadena

16-56471 Sisyphus Touring, Inc. v. TMZ Productions, Inc. - Appeal from summary
judgment on a claim of infringement of a copyright in video footage of Jared Leto.
Appeal Dismissed

16-55888 Muneefa Abdullah v. Walt Disney Company - An appeal from dismissal of an
action alleging copyright infringement by the movie "Frozen."
DECISION:
Page 6 of 41

16-56215 Everette Silas v. Home Box Office, Inc. - An appeal from dismissal of a claim of
copyright infringment by the HBO series "Ballers."
DECISION:
February 8, 2018 9:30 Courtroom 1, San Francisco

16-55996 American Fed'n of Musicians v. Paramount Pictures Corp. - Briefs filed under
seal. Is Paramount liable for a musician subcontractor’s violations of a collective bargaining agreement.
ORAL ARGUMENT:
DECISION:

16-56419 P.E.R. Asset Management Trust v. International Fruit Genetics - P.E.R. appeals
summary judgment in an action alleging breach of contract arising from three Plant Variety Rights
licensing agreements.
DECISION:

16-56127 KRBL Ltd. v. Overseas Food Distribution - An appeal from an order sanctioning
counsel in a trade dress case.
DECISION:

16-56088 Renewal Services v. USPTO - Renewal Services appeals 12(b)(6) dismissal of its
Freedom of Information Act action against the USPTO seeking bulk data.
ORAL ARGUMENT:
DECISION:

16-55911 Tritaporn Sirisup v. It's Thai, LLC - An appeal from summary judgment in a
trademark case and a cross-appeal from the denial of attorneys' fees.
ORAL ARGUMENT:
DECISION:

16-56107 G and G Productions LLC v. Rita Rusic - G & G appeals summary judgment in a
diversity action alleging claims concerning the acquisition, ownership, and disappearance of an oil
painting by Jean-Michel Basquiat.
ORAL ARGUMENT:
DECISION:

16-56308 Marei von Saher v. Norton Simon Museum of Art - Von Saher appeals summary
judgment in an action seeking to recover paintings by Lucas Cranach the Elder.
ORAL ARGUMENT:
DECISION:
Page 7 of 41

16-56500 Kaloud, Inc. v. Shisha Land Wholesale - Appeals from the judgment after jury
trial in a trademark case.
ORAL ARGUMENT:
DECISION:

16-55739 Lenhoff Enterprises, Inc. v. United Talent Agency, Inc. - An appeal from the
dismissal of an antitrust case.
ORAL ARGUMENT:
DECISION:

16-56044 DEX Systems, Inc. v. Deutsche Post AG - An appeal from the dismissal of a
copyright infringement action for lack of personal jurisdiction over foreign defendants.
ORAL ARGUMENT:
DECISION:

16-16826 National Grange v. California State Grange - Appeals from summary judgment,
permanent injunction, and award of attorneys' fees in a trademark infringement case.
ORAL ARGUMENT:
DECISION:
January 2018 No arguments in IP cases heard

16-16242 InternMatch, Inc. v. NxtBigThing, LLC - Appeal from judgment in favor of
plaintiff in a Lanham Act action.
No longer on calendar

16-55717 Buffy Roney v. Michael Miller - Appeal of dismissal of a copyright action.
DECISION:
December 4, 2017 9:00 am Courtroom 1, Seattle

15-35524 Eat Right Foods Ltd. v. Whole Foods Mkt. Servs., Inc. - Appeal from summary
judgment in a trademark action.
ORAL ARGUMENT:
DECISION:

16-16860 Theresa Stevens v. Zappos.com., Inc. - Briefs filed under seal. Appeal from
orders in consumer data breach case.
ORAL ARGUMENT:
DECISION:
Page 8 of 41

16-55548 Moldex-Metric, Inc. v. McKeon Products, Inc. - An appeal from summary
judgment in a trademark action.
ORAL ARGUMENT:
DECISION:

16-55439 Anthony Johnson v. Storix, Inc. - Appeal from judgment in a Copyright action.
DECISION:

16-55632 Nutrition Distribution LLC v. IronMag Labs, LLC - Appeal of dismissal of a
Lanham Act action.
ORAL ARGUMENT:
DECISION:

16-16987 Experian Information Solutions v. Nationwide Marketing Services - Appeal
from summary judgment in a copyright infringement and trade secret case.
ORAL ARGUMENT:
DECISION:

16-16697 Delphix Corp. v. Embarcadero Technologies - Appeal and a cross-appeal from
the dismissal of a trademark case.
ORAL ARGUMENT:
DECISION:

16-16628 Nancy Lanovaz v. Twinings North America, Inc - Appeal from summary
judgment in a class action regarding the labeling of tea.
ORAL ARGUMENT:
DECISION:

16-17165 Tamara Fields v. Twitter, Inc. - Appeal of dismissal, as barred by the
Communications Decency Act, of an action under the Anti-Terrorism Act.
ORAL ARGUMENT:
DECISION:

17-15047 Susan Fitzpatrick v. Tyson Foods, Inc. – Appeal of dismissal of claims under
California's UCL that Tyson sold dog food unlawfully labeled "Made in U.S.A."
ORAL ARGUMENT:
DECISION:
Page 9 of 41

16-56338 Nicolas Torrent v. Yakult U.S.A., Inc. – Appeal of dismissal of claims for
misleading labeling of the health benefits of fermented dairy beverages.
ORAL ARGUMENT:
DECISION:

16-55532 Shavonda Hawkins v. The Kroger Co. - Appeal of dismissal of claims for falsely
advertising Kroger Bread Crumbs.
ORAL ARGUMENT:
DECISION:

16-15444 Robert Hodsdon v. Mars, Inc. - Appeal of dismissal of False Advertising action.
ORAL ARGUMENT:
DECISION:

16-15789 Laura Dana v. The Hershey Co. - Appeal of dismissal of False Advertising action.
ORAL ARGUMENT:
DECISION:

16-15794 Elaine McCoy v. Nestle USA, Inc. - Appeal of dismissal of False Advertising
action.
ORAL ARGUMENT:
DECISION:

16-16840 Marilyn Mintz v. Subaru of America, Inc. - Appeal of dismissal of a trademark
and copyright infringement action.
DECISION:

16-55213 Osama Fahmy v. Jay-Z - Appeal from judgment after trial on a claim that the rap
song "Big Pimpin'" infringed a copyright in an Egyptian song.
ORAL ARGUMENT:
DECISION:

16-56089 Robert Stevens v. Corelogic, Inc. - Briefs filed under seal. Stevens appeals
summary judgment dismissing his claims that Corelogic unlawfully removed copyright management
information from photographs.
ORAL ARGUMENT:
DECISION:
Page 10 of 41

16-55290 Merit Healthcare Int'l v. Merit Medical Systems - An appeal from the dismissal
of a trademark case.
ORAL ARGUMENT:
DECISION:

16-55917 ABS Entertainment, Inc. v. CBS Corp. - An appeal from summary judgment in a
copyright case.
ORAL ARGUMENT:
DECISION:

16-55318 Ivy Silberstein v. Fox Entertainment Group, Inc. - An appeal from the dismissal
of an action under the Lanham Act.
ORAL ARGUMENT:
DECISION:

16-56038 Nancy Carrera v. First American Home Buyers - Plaintiffs appeal denial of their
motion for class certification in a diversity putative class action alleging false advertising.
ORAL ARGUMENT:
DECISION:

15-56375 Gail Knight Steinbeck v. Waverly Kaffaga - An appeal from the dismissal of a
copyright infringement suit brought by heirs of John Steinbeck.
DECISION:

16-55312 Motorola, Inc. v. Harold Pick - An appeal from denial of a motion to vacate the
renewal of a judgment in a copyright case.
DECISION:

16-55394 Michael Otto v. Abbott Laboratories Inc. - Otto appeals the 12(b)(6) dismissal of
his diversity action alleging false advertisements for Ensure Muscle Health drink.
ORAL ARGUMENT:
DECISION:

16-15882 Pieter Folkens v. Wyland Worldwide, LLC - An appeal from summary judgment
in a copyright case.
ORAL ARGUMENT:
DECISION:
Page 11 of 41

16-16036 Beadcrete USA, Inc. v. Beadcrete Pty Limited - An appeal from the dismissal of a
trademark case
ORAL ARGUMENT:
DECISION:

16-16639 Adam Victor v. R.C. Bigelow, Inc. - Victor appeals summary judgment in its
diversity putative class action alleging that Bigelow mislabeled its black tea products.
ORAL ARGUMENT:
DECISION:

16-16641 Alex Khasin v. R.C. Bigelow, Inc. - Khasin appeals summary judgment in its
diversity putative class action alleging that Bigelow mislabeled its black tea products.
ORAL ARGUMENT:
DECISION:

16-15374 Tucker Durnford v. MusclePharm Corp. - Durnford appeals the 12(b)(6)
dismissal of his diversity putative class action alleging violations of California law.
ORAL ARGUMENT:
DECISION:

16-15496 Helene Cahen v. Toyota Motor Corp. - Plaintiffs appeal the 12(b)(1) dismissal of
a diversity putative class action alleging Toyota equipped its vehicles with computer technology
susceptible to being hacked.
ORAL ARGUMENT:
DECISION:

16-15876 Alhareth Aloudi v. Intramedic Research Group, LLC - Aloudi appeals dismissal of
his diversity putative class alleging violations of law concerning advertisements for "diet pills."
ORAL ARGUMENT:
DECISION:

15-17523 Adam Backhaut v. Apple Inc. - Appeal from summary judgment and denial of
class certification in an action under the Wiretap Act against Apple, Inc.
ORAL ARGUMENT:
DECISION:

16-16075 GSI Technology, Inc. v. United Memories, Inc. - An appeal and a cross-appeal
from judgment after a jury trial on claims of breach of contract and trade secret misappropriation.
ORAL ARGUMENT:
DECISION:
Page 12 of 41

16-55681 Sophia & Chloe, Inc. v. Brighton Collectibles, LLC - An appeal and a cross-appeal
from judgment after jury trial in a copyright case.
ORAL ARGUMENT:
DECISION:

16-55577 Twentieth Century Fox Tel. v. Empire Distribution, Inc. - An appeal from
summary judgment in a trademark infringement case regarding the television series "Empire."
ORAL ARGUMENT:
DECISION:

16-55289 Novation Ventures, LLC v. The J.G. Wentworth Co. - An appeal from the
dismissal of an antitrust and false advertising case.
ORAL ARGUMENT:
DECISION:

16-55155 Platinum Logistics, Inc. v. Platinum Cargo Logistics, Inc. - An appeal and a cross-
appeal from the dismissal of an action under the Lanham Act.
ORAL ARGUMENT:
DECISION:

16-55657 Crisp Enterprises Inc. v. Golden Eagle Insurance Company - Crisp appeals
summary judgment in its insurance coverage action asserting failure to defend against trade libel and
disparagement claims.
ORAL ARGUMENT:
DECISION:

16-55231 Marilyn Sperling v. DSWC, Inc. - Appeal of dismissal of putative class action
alleging DSWC engaged in deceptive advertising practices when selling shoes.
ORAL ARGUMENT:
DECISION:

16-55626 Pharrell Williams v. Frankie Gaye - Appeals from the judgment after a jury trial,
holding that the song "Blurred Lines" infringed the copyright in Marvin Gaye's song "Got To Give It Up."
ORAL ARGUMENT:
DECISION:
October 12, 2017 9:30 am University of Hawaii

16-15802 Frost-Tsuji Architects v. Highway Inn, Inc. - Appeals from the summary
judgment and award of attorneys' fees in a copyright infringement action.
ORAL ARGUMENT:
DECISION:
Page 13 of 41
September 1, 2017 9:30 am Courtroom 1, Pasadena

15-56994 CollegeSource, Inc. v. AcademyOne, Inc. - CollegeSource appeals summary
judgment in a diversity action alleging various causes of action based on AcademyOne's alleged
improper access and use of CollegeSource's databases.
DECISION:

16-15973 The ACT Group, Inc. v. James Hamlin - An appeal from the judgment after a jury
trial in a copyright infringement case.
ORAL ARGUMENT: http://www.ca9.uscourts.gov/media/view_video.php?pk_vid=0000012139
DECISION:

16-55329 Nutrivita Laboratories, Inc. v. VBS Distribution, Inc. - An appeal from denial of a
motion for attorneys' fees under the Copyright Act and the Lanham Act.
DECISION:

17-55198 VBS Distribution, Inc. v. Nutrivita Laboratories, Inc. - An appeal from denial of a
motion for a preliminary injunction in an action under the Lanham Act.
DECISION:

15-17439 Venture Corporation v. James Barrett - Barrett appeals the judgment
concerning ownership of three patents and inventions.
DECISION:
July 11, 2017 9:00 am 2nd Floor Courtroom, Portland

15-35509 Jacobus Rentmeester v. Nike, Inc. - An appeal from the dismissal of an action
alleging that Nike, Inc., infringed Rentmeester's copyright in a photograph of Michael Jordan.
DECISION:

15-16827 Neil Goldberg v. James Cameron - An appeal from the dismissal of an action
alleging copyright infringement and breach of implied contract.
DECISION: http://scholar.google.com/scholar_case?case=8443161883348682301

16-15469 Naruto v. David Slater - An appeal from the dismissal for lack of standing of a
copyright case brought by a crested macaque, alleging infringement of photographs known as the
"Monkey Selfies."
DECISION:
Page 14 of 41

16-16832 Oracle USA, Inc. v. Rimini Street, Inc. - Appeals from the judgment after a jury
trial on claims of copyright infringement and computer abuse.
DECISION:

16-56882 GI Sportz, Inc. v. APX Gear, LLC - An appeal from the denial of a motion for a
preliminary injunction against selling paintballs that allegedly infringe the plaintiff's trade dress.

16-56843 Disney Enterprises, Inc. v. VidAngel, Inc. - Briefs filed under seal. Appeal of
grant of injunction for violating the anti-circumvention provision in the Digital Millennium Copyright Act.
June 13, 2017 9:00 am Courtroom 1, San Francisco

16-10197 USA v. Matthew Keys - Appeal from conviction and restitution order for
offenses arising from conspiracy to hack the Los Angeles Times website.
June 15, 2017 1:30 pm Courtroom 2, Seattle

15-35150 BWP Media USA Inc. v. Rich Kids Clothing Co. - An appeal from summary
judgment and imposition of a discovery sanction in a copyright case.

14-35531 Slep-Tone Entertainment Corp. v. Astoria Baker - Slep-Tone appeals the default
judgment in its action alleging infringement of its trademark for karaoke accompaniment tracks.
DECISION:

14-36018 Slep-Tone Entertainment Corp. v. Canton Phoenix - Slep-Tone appeals dismissal
of its action alleging infringement of its trademark for karaoke accompaniment tracks.

13-57169 Out of the Box Enterprises LLC v. El Paseo Jewelry Exchange, Inc - An appeal
from the judgment after trial in a false advertising case.
DECISION:
Page 15 of 41

14-56429 Indigo Group USA, Inc. v. Ralph Lauren Corp. - Indigo Group appeals the Fed. R
Civ. P. 12(b)(6) dismissal of its complaint for accounting and payment of profits, and denial of its motion
for sanctions, arising in a diversity action relating to a copyright,
May 9, 2017 1:30 pm Courtroom 1, Pasadena

15-55755 Marketquest Group, Inc. v. BIC Corp. - An appeal from summary judgment in a

16-56217 2Die4Kourt v. Hillair Capital Mgmt., LLC - An appeal from a preliminary
injunction in a trademark infringement suit concerning the Kardashian Beauty cosmetics line.

16-55170 Scorpio Music S.A. v. Victor Willis - Appeals from the judgment in a copyright
dispute concerning Village People songs.
DECISION:
May 16, 2017 9:30 am Courtroom 2, Seattle

14-36059 Hard 2 Find Accessories, Inc. v. Amazon.com, Inc. - Appeal from dismissal of an
action by an Amazon seller for failure to state a claim and barred under the Noerr-Pennington doctrine.

15-16173 Jennifer Davidson v. Kimberly-Clark Corp. - Davidson appeals dismissal of her
complaint in her putative class action for false advertising relating to whether a wipe is “flushable.”
DECISION:

15-56544 Microsoft Corp. v. Buy More, Inc. - An appeal from summary judgment in a
copyright and trademark infringement case.

16-15304 Stone Creek, Inc. v. Omnia Italian Design, Inc. - Appeals from the judgment,
after a bench trial, in a trademark infringement case.
Page 16 of 41

15-56372 Shame On You Productions, Inc. v. Elizabeth Banks - Appeal from the dismissal
of a claim that the motion picture "Walk of Shame" infringed plaintiff's copyright in a screenplay.
http://scholar.google.com/scholar_case?case=18137568249062416842

15-56388 National Conference of Personal Mgrs. v. Edmund Brown, Jr. - Appeal from
dismissal of an action challenging the constitutionality of California's Talent Agencies Act.

15-56726 Royce Mathew v. The Walt Disney Co. - An appeal from the dismissal of a claim
for rescission of a release executed in a prior copyright infringement suit.
April 17, 2017 1:00 pm Courtroom 1, San Francisco

16-16072 American Beverage Assn. v. City & County of San Francisco - Plaintiffs appeal
denial of their motion for a preliminary injunction seeking to enjoin the enforcement of a San Francisco
ordinance which requires advertisers of sugar-sweetened beverages to display warnings.
DECISION:
April 19, 2017 9:00 mm Courtroom 4, San Francisco

15-15880 Noelle Major v. Ocean Spray Cranberries - Major appeals summary judgment in
favor of Ocean Spray in a diversity putative class action, alleging that Ocean Spray misbranded its juices
and drinks and misled consumers.
April 19, 2017 9:00 mm Courtroom 4, San Francisco

15-16286 Arizona Skydiving Holdings v. Skydive Phoenix Inc. - An appeal from the district
court's denial of attorneys' fees in a trademark case.
DECISION:
March 7, 2017 9:30 am, Courtroom 1, Pasadena

15-56702 Moofly Productions, LLC v. Sandra Favila - An appeal from the dismissal of a
copyright infringement counterclaim and an award of attorneys' fees.
Page 17 of 41

15-56036 Solid 21, Inc. v. Hublot of America - An appeal from summary judgment in a
March 8, 2017 9:00 am, Courtroom 2, Seattle Washington

14-35686 Chara Curtis v. Illumination Arts, Inc. - Defendants appeal the judgment on
claims of copyright infringement and breach of publishing contracts for children's books.
March 9 2017 9:30 am, Courtroom 1, Pasadena

15-55872 ITN Flix, LLC v. Gloria Hinojosa - ITN Flix appeals dismissal of claims in a diversity
action against talent agent Gloria Hinojosa, film maker Robert Rodriguez and others; and Rodriguez
cross appeals the denial of fees under anti-SLAPP.
March 14, 2017 9:30 am, Courtroom 1, San Francisco

15-15814 Seychelles Organics, Inc. v. John Rose - An appeal from denial of a contempt
motion regarding a non-compete clause in a settlement agreement.

15-15639 Stephen Wynn v. James Chanos - Wynn appeals the order granting Chanos'
motion to dismiss, granting Chanos' motion to strike under California's anti-SLAPP statute, and denying
Wynn's motion for discovery in Wynn's diversity action alleging defamation.

15-15809 David Elliott v. Google Inc. - An appeal from summary judgment in an action
seeking cancellation of trademark registrations for the mark GOOGLE on the ground that it is generic.
February 7, 2017 9:00 am, Courtroom 3, Pasadena

15-56021 Sheila Cruz v. Anheuser-Busch, LLC - Plaintiffs appeal dismissal of its diversity
putative class action alleging deceptive product labels on Bud Light Lime-A-Rita products.

15-55928 Acmet, Inc. v. The Wet Seal, Inc. - An appeal from summary judgment in a
copyright case.
Page 18 of 41

15-56096 Doc's Dream, LLC v. Dolores Press, Inc. - An appeal from the dismissal of a
copyright case.

15-56137 Donald Wakefield v. Igor Olenicoff - Appeals from the judgment in a copyright
infringement suit.
January 12, 2017 9:00 am, Courtroom 1, San Francisco

15-15492 Julian Engel v. Novex Biotech, LLC - Engel appeals the Fed. R. Civ. P. 12(b)(6)
dismissal of his diversity action for falsely advertising an over-the-counter supplement.

15-15496 Serena Kwan v. SanMedica Int'l - Kwan appeals the Fed. R. Civ. P. 12(b)(6)
dismissal of his diversity putative class action for falsely advertising SeroVital.
January 13, 2017 9:00 am, Courtroom 3, Pasadena

15-55388 Seal Shield, LLC v. Otter Products, LLC - An appeal from summary judgment in a
trademark case.

15-55507 Unicolors, Inc. v. Urban Outfitters, Inc. - An appeal from judgment after a jury
trial in an action under the Copyright Act.
DECISIONS: http://scholar.google.com/scholar_case?case=3853237776740627761
December 5, 2016 1:00 pm, Courtroom 2, Pasadena

16-55877 iFreedom Direct Corp. v. Peter McCormick - Appeal from the denial of a motion
for a preliminary injunction in a trademark case.
December 5, 2016 1:00 pm, Courtroom 2, Pasadena

15-55500 Perfect 10, Inc. v. Giganews, Inc. – Perfect 10 appeals summary judgment for
Giganews on trademark, copyright, and right of publicity claims [briefs filed under seal].
Page 19 of 41
December 6, 2016 9:30 am, Courtroom 2, Pasadena

15-55331 Caltex Plastics, Inc. v. Elkay Plastics Co. - Appeal from judgment after a bench
trial in a false advertising case under the Lanham Act and California state law.
ORAL ARGUMENT: https://www.ca9.uscourts.gov/media/view_video.php?pk_vid=0000010655

15-55942 Caltex Plastics, Inc. v. Shannon Packaging, Co. - Appeal from summary
judgment in a false advertising case under the Lanham Act and California state law.
December 7, 2016 9:00 am, Courtroom 2, Seattle

16-35471 OmniGen Research, LLC v. Yongqiang Wang - Appeal from a preliminary
injunction in a trade secret and copyright infringement case.

15-55287 Flo & Eddie, Inc. v. Pandora Media, Inc. - Pandora Media appeals the order
denying its Anti-SLAPP motion to strike and dismiss a diversity putative class action filed by Flo & Eddie.

15-55182 Me Renee LLC v. Elite World, S.A. - Me Renee appeals judgment in favor of Elite
Worlds in an action alleging breach of contract concerning the right to use the Elite trademark.
December 12, 2016 9:00 am, Courtroom 2, San Francisco

14-17229 Slep-Tone Entertainment Corp. v. Wired for Sound Karaoke and DJ - An appeal
from judgment on claims of trademark infringement and breach of contract arising from a dispute
concerning karaoke tracks.

15-15174 Natalia Bruton v. Gerber Products Company - Bruton appeals summary
judgment in her diversity putative class action alleging that Gerber violated state law by making
unlawful and misleading claims on its food product labels.

15-15106 DRK Photo v. McGraw-Hill Global Education - An appeal from summary
judgment in a copyright infringement action against textbook publishers.
Page 20 of 41
November 8, 2016 9:30 am, Courtroom 1, Pasadena

15-55270 Gilbert Lerma, Jr. v. Stylistics L.A. Car Club - Appeal from the denial of a motion
to set aside a default judgment in a trademark case.
November 14, 2016 9:30 am, Courtroom 1, San Francisco

14-16949 E. & J. Gallo Winery v. Grenade Beverage, LLC – Grenade appeals summary
judgment of trademark infringement [briefs filed under seal].

14-10367 USA v. Walter Liew - Liew appeals his conviction for conspiracy, attempt, and
theft of DuPont trade secrets.
October 4, 2016 9:30 am, Courtroom 1, Pasadena

14-56664 Anhing Corp. v. Viet Phu, Inc. - Appeals from the judgment after jury trial in a
trademark infringement action and the district court's denial of a motion for attorneys' fees.

14-56636 Contemporary Services Corp. v. Landmark Event Staffing - An appeal from
summary judgment on claims of trade secret misappropriation.

14-56770 Lang Van, Inc. v. VNG Corporation - An appeal from the dismissal of a copyright
infringement action for lack of personal jurisdiction.

14-56596 Mavrix Photographs, LLC v. Live Journal, Inc. - An appeal from summary
judgment that LiveJournal was entitled to a safe harbor defense under the Digital Millennium Copyright
Act on claims of infringement of copyrights in celebrity photographs.
October 7, 2016 9:00 am, 2nd Floor Courtroom, Portland

16-35204 Adidas America, Inc. v. Skechers USA, Inc. - An appeal from a preliminary
injunction in a trademark infringement case.
DECISION:
Page 21 of 41
September 1, 2016 9:00 am, Courtroom 3, Pasadena

14-56635 Malibu Textiles, Inc. v. Label Lane Int'l, Inc. - An appeal from the dismissal of an
action alleging infringement of a textile design copyright.
September 1, 2016 9:00 am, Courtroom 3, Pasadena

14-56203 Malibu Textiles, Inc. v. H&M Hennes & Mauritz, LP - An appeal from the
dismissal of an action alleging infringement of a textile design copyright and a cross-appeal from the
denial of a motion for attorneys' fees under the Copyright Act.
September 2, 2016 9:00 am, Courtroom 2, Seattle

14-35494 Douglas Kimzey v. Yelp! - Kimzey appeals dismissal of his claims arising when
negative Yelp.com reviews regarding his business were posted on Google.com. Yelp cross appeals.
August 2, 2016 9:30 am, Courtroom 1, Pasadena

14-56394 Vogue Int'l v. Hartford Casualty Ins. Co. - Vogue appeals summary judgment
holding that Hartford Casualty had no duty to defend Vogue in a trademark infringement action.

14-56366 Teleflex Medical Inc. v. National Union Fire Ins. Co. - National Union Fire
appeals the judgment requiring it to defend and indemnity Teleflex in a false advertising case.

15-56420 Fox Television Stations, Inc v. Aereokiller, LLC - An appeal from the ruling that
an Internet-based transmission service is a cable system potentially entitled under the Copyright Act to a
compulsory license to retransmit broadcast television programming.

14-56487 Tu Thien The, Inc. v. Tu Thien Telecom, Inc. - An appeal from the judgment after
jury trial in an action under the Lanham Act.

14-56467 Almut Reinicke v. Creative Empire LLC - An appeal from summary judgment in
an action alleging infringement of a copyright in a language learning program.
Page 22 of 41
July 5, 2016 9:30 am, Courtroom 3, Pasadena

13-50422 USA v. Kil Lee - Lee appeals his jury conviction and sentence for trafficking in
counterfeit goods and smuggling.
July 7, 2016 9:30 am, Courtroom 3, San Francisco

14-16235 Best Odds Corp. v. iBus Media Ltd. - Briefs filed under seal. Appeal of lack of
personal jurisdiction in Best Odds claim of trademark infringement

14-16629 Integral Development Corp. v. Viral Tolat - Briefs filed under seal. Appeal from
summary judgment of Integral’s trade secret, copyright and other claims against former employee Tolat.

14-55908 Del Monte Int'l GmbH v. Del Monte Foods, Inc. - An appeal from the dismissal
of an action under the Anticybersquatting Consumer Protection Act.

14-16485 FTC v. Infusion Media, Inc. - Jonathan Eborn appeals the judgment in an action
alleging that Eborn took $29,497,320 under false pretenses by marketing work-at-home kits.
June 7, 2016 9:30 am, Courtroom 3, Pasadena

15-56661 Elinor Shapiro v. Hasbro, Inc. - Briefs filed under seal. Shapiro alleges Hasbro
infringed her copyright in a snowglobe.
June 7, 2016 9:00 am, Courtroom 2, Seattle

14-35035 Trader Joe's Co. v. Michael Hallatt - Trader Joe's appeals dismissal of its
trademark infringement action against Michael Norman Hallatt, d/b/a Pirate Joe's, a store in Canada.

14-56266 Direct Technologies v. Electronic Arts, Inc. - An appeal from the judgment in a
copyright infringement action concerning a 'PlumbBob' USB drive.
Page 23 of 41

14-56473 I and U, Inc. v. Publishers Solutions Int'l - I and U appeals the order granting
anti-SLAPP motion striking and dismissing I and U's diversity action alleging trade libel.

13-36102 Beijing ZhongyiZhongBiao Elec. v. Microsoft Corp. - A Chinese company appeals
the dismissal of its claim that Microsoft Corp. infringed a copyright in Chinese character font software.

14-56592 U.S. Philips Corp. v. KBC Bank N.V. - KBC Bank appeals the order holding it in
contempt for violating a temporary restraining order and awarding attorneys' fees in patent litigation.

14-35046 Guy Mitchell Family Trust v. Artists Rights Enforcement - Artists Rights appeals
the judgment in a diversity action seeking relief in the recovery of music royalties.
June 14, 2016 9:00 am, Courtroom 1, San Francisco

14-16141 Kathleen Haskins v. Symantec Corporation - Haskins appeals dismissal of a
diversity putative class action alleging false advertising claims concerning the Norton AntiVirus program.

14-16155 Xcentric Ventures v. Mediolex Ltd. - Xcentric, owner of ripoffreport.com,
appeals the judgment on its trademark infringement claim.
May 2, 2016 9:00 am, Courtroom 2, Pasadena

14-56318 Bretta Pollara v. Radiant Logistics, Inc. – (re-classified plaintiff) Radiant appeals
entry of JNOV in its trade secret claim.

14-55916 Elsa Polo v. Innoventions Int'l - Polo appeals summary judgment on her false
advertising claim related to the dietary supplement DiabeStevia.
Page 24 of 41
May 5, 2016 9:00 am, Courtroom 2, Seattle

14-35059 Harold Maple v. COSTCO - Maple appeals dismissal of his diversity putative class
action alleging unfair or deceptive statements on the label of VitaRain Water Beverage
May 12, 2016 9:30 am, Courtroom 2, San Francisco

14-16096 Road Food and Beverage v. Frank Spencer - Spencer appeals summary
judgment in a trademark case.

14-16405 David Tompkins v. 23andMe, Inc. - Tompkins appeals the order granting
23andMe. Inc.'s motion to compel arbitration and dismissing all claims in a putative class action related
to 23andMe's advertising and marketing of its Personal Genome Service.
April 1, 2016 11:00 am, Courtroom 2, Seattle

15-35608 Ocean Beauty Seafoods LLC v. Pacific Seafood Group - Pacific Seafood appeals
the denial of a preliminary injunction relating to a non-compete contract.
April 5, 2016 9:00 am, Courtroom 1, Pasadena

13-57104 VMG Salsoul, LLC v. Madonna Ciccone - An appeal from summary judgment on
claims of infringement of copyrights in the song "Love Break."

14-55752 Timothy Boris v. Wal-Mart Stores, Inc. - Boris appeals the dismissal of a
diversity putative class action alleging that Wal-Mart, Inc. violated the false advertising, unfair
competition, and consumer protection laws of California, New Jersey, and New York.

14-55797 Gold Glove Productions, LLC v. Don Handfield - An appeal from summary
judgment on a claim that the motion picture "Trouble with the Curve" infringed a screenplay copyright.
Page 25 of 41

13-57094 Alec Fisher v. Monster Beverage Corporation - An appeal from the dismissal of
a putative class action against Monster Beverage alleging a false and deceptive energy drink marketing
campaign targeting youth.
April 8, 2016 9:00 am, Courtroom 2, Seattle

14-30147 USA v. Daniel Oberholtzer - Oberholtzer appeals the forfeiture component of
the sentence imposed following his guilty plea to conspiracy to traffic in counterfeit goods.

14-55355 KTS Karaoke, Inc. v. Sony ATV Music Publishing, LLC - KTS Karaoke appeals the
denial of its attorneys' fees motion in a copyright action for songs recorded onto karaoke machines.

14-55462 Memory Lane, Inc. v. Classmates, Inc. - Memory Lane appeals the judgment in
its trademark infringement action and defendants cross-appeal denial of attorneys' fees and costs.

13-57093 Will Loomis v. Jessica Cornish - An appeal from the summary judgment on a
claim of infringement of a copyright in the song "Bright Red Chords."

14-55448 Roadrunner Transportation Svcs v. John Tarwater - Tarwater appeals the
default judgment as a sanction for spoliation of evidence in a trade secrets case.

13-57009 Mercado Latino v. Indio Products - An appeal from the dismissal of an action
alleging infringement of trade dress and trademark in devotional candles.

14-15385 Floyd Luman v. Joe Theismann - Luman and Amkraut appeal the order granting
Theismann ‘s motion to dismiss the diversity putative class action for false advertising.
Page 26 of 41

14-15670 Katie Kane v. Chobani, LLC - Kane appeals dismissal of the diversity putative
class action alleging violations of California law concerning the labeling of Chobani yogurt.

14-15298 Robin Antonick v. Electronic Arts, Inc. - Antonick appeals judgment in a breach
of contract action relating to a software development agreement concerning the Madden video game.

15-15815 Management & Engineering Technologies v. Information Systems Support -
Briefs Filed Under Seal: Management appeals the district court’s re-calculation of trade secret damages
upon remand from 9th Circuit.

14-55456 Globefill Incorporated v. Elements Spirits, Inc. – Globefill appeals judgment
under the Lanham Act and Elements cross-appeals the denial of attorneys' fees.

14-55296 Bruce McMahon v. Take-Two Interactive Software - McMahon appeals
dismissal of a putative class action alleging violations of California's Unfair Competition Law and False
Advertising Law.

13-57050 Gibson Brands, Inc. v. Viacom International Inc. - An appeal from the dismissal
of a trademark infringement action concerning a "SpongeBob SquarePants FLYING V" ukulele.

14-55028 Nina Parkinson v. Robanda International - An appeal from the dismissal of an
action alleging infringement of a "Marilyn" trademark for hairbrushes.
February 8, 2016 1:00 pm, Courtroom 3, Pasadena

14-55074 Alessandra Balser v. The Hain Celestial Group - A putative class appeals
dismissal of diversity action alleging false advertising for use of the word "natural" on products.
Page 27 of 41
February 10, 2016 9:00 am, Courtroom 2, San Francisco

13-17455 Raymond Schreiber v. Estate of Robert Knievel - An appeal from the judgment
after a bench trial in an action under the Copyright Act concerning rights to films of Evel Knievel.

14-15180 ThermoLife International, LLC v. Gaspari Nutrition Incorporated - Briefs filed
under seal. Lanham Act false advertising case.

14-55302 Glen Friedman v. Live Nation Merchandise - An appeal from the judgment on
claims of infringement of photographs of the musical group Run-DMC.

14-15487 Frank Fazio v. Apple, Inc. - Fazio appeals dismissal of his claim alleging Apple
engaged in false advertising of its iPhone 4S and its feature Siri.
DECISION: http://cdn.ca9.uscourts.gov/datastore/memoranda/2016/02/25/14-15487.pdf

13-17382 JL Beverage Co v. Jim Beam Brands Co. - An appeal from the summary
judgment in a trademark infringement action.

13-56644 Angela Ebner v. Fresh, Inc. - Ebner appeals dismissal of her putative class action
alleging various claims of deceptive packaging and labeling of a lip treatment product.

13-17189 St. Paul Mercury Ins Co v. Tessera, Inc. – Tessera appeals the partial summary
judgment holding that St. Paul had no duty to defend the underlying patent license litigation.

13-17301 Travelers Property Casualty Co v. KFx Medical Corp - KFX Medical appeals the
judgment holding that Travelers had no duty to defend the underlying patent infringement action.
Page 28 of 41

13-56250 Lisa Liberi v. Orly Taitz - Taitz appeals the order denying her motion to strike a
complaint under California's Anti-SLAPP statute in an underlying social media defamation action.

15-55816 Cochran Firm, P.C. v. Cochran Firm Los Angeles LLP - An appeal from the
district court's order dissolving a preliminary injunction in a trademark case.
December 8, 2015 9:30 am, Courtroom 1, San Francisco En Banc

13-17622 SunEarth, Inc. v. Sun Earth Solar Power Co. – SunEarth appeals the judgment,
permanent injunction, and denial of a contempt motion in a trademark infringement action.

13-16414 Robert Kubicek Architects v. Bashas' Inc. - An appeal from the dismissal of
claims of infringement of copyrights in architectural plans and an award of attorneys' fees.

14-15792 Robert Kubicek Architects v. Bruce Bosley - An appeal from the judgment on
claims of infringement of copyrights in architectural drawings.

13-17102 Facebook, Inc. v. Steven Vachani - An appeal from the summary judgment and
permanent injunction on claims under the CAN-SPAM Act and the Computer Fraud and Abuse Act.

14-15085 Salebuild, Inc. v. Flexisales, Inc. – Salebuild appeals the order granting
Flexisales’ motion to dismiss complaint alleging causes of action involving trade secrets.

13-17391 Amanda Lewis v. Activision Blizzard, Inc. - An appeal from the summary
judgment in a copyright infringement action concerning the World of Warcraft video game.
Page 29 of 41

13-56775 Keating Dental Arts, Inc. v. Hartford Casualty Insurance Co - Keating appeals
the judgment holding that Hartford Casualty owed no duty to defend an underlying trademark action.

14-15215 BMW of North America, LLC v. Victor Barreira - An appeal from the order
modifying a permanent injunction in a trademark infringement action.

13-56243 Laura Larson v. Warner Bros Entertainment - Larson appeals summary
judgment on DC Comics counterclaim regarding a settlement agreement over Superman copyrights.

13-56577 Millennium Laboratories v. Ameritox, Ltd. - Briefs filed under seal. [Millennium
alleged trade dress infringement and unfair competition claims. I don’t know the issues on appeal].
DECISION: http://cdn.ca9.uscourts.gov/datastore/opinions/2016/04/04/13-56577.pdf

13-16696 Alex Tomek v. Apple, Inc. - Tomek appeals the dismissal for failure to state a
claim in his putative class action alleging that Apple used deceptive and misleading marketing and sales
of its 2011 MacBook laptop computers.

13-16754 TRP Entertainment v. Barrie Cunningham - Appeal from summary judgment in a
trademark infringement action.

13-56332 Ventura Content v. Motherless - Adult video producer appeals the judgment in
its copyright infringement action against an internet "tube" site to which users upload videos.
DECISION: [no docket entry noticing settlement. still awaiting decision]
October 20, 2015 1:00 pm, Courtroom 1, San Francisco

14-10037 USA v. David Nosal - Nosal appeals his conviction for conspiracy, computer
fraud, and trade secret offenses.
Page 30 of 41

13-56392 Fourth Age Limited v. Warner Bros Entertainment - Fourth Age, The J.R.R.
Tolkien Estate, and others appeal the denial of their anti-SLAPP motion to strike counterclaims by
Warner Bros. Entertainment and others in a copyright case.
October 23, 2015 9:00 am, Courtroom 2, San Francisco

13-16858 Aviva USA Corp v. Anil Vazirani – Aviva appeals summary judgment and
judgment on the pleadings on trademark infringement, cybersquatting, and racketeering claims;
defendants appeal the denial of attorneys' fees under the Lanham Act.
September 1, 2015 2:00 pm, Courtroom 3, Pasadena

13-15411 Shingle Springs Band of Miwok v. Cesar Caballero - Caballero appeals summary
judgment and permanent injunction in a trademark infringement action.
September 17, 2015 9:30 am, Courtroom 1, San Francisco

14-15603 C.M.D. v. Facebook, Inc. - Plaintiffs appeal dismissal of their putative class
action alleging Facebook improperly displays their Facebook friends’ content to advertise goods.
August 12, 2015 9:30 am, Courtroom 1, San Francisco

13-16052 FTC v. Benjamin Hoskins - Hoskins appeals summary judgment in favor of the
FTC in its action seeking redress to consumers and disgorgement of ill-gotten gains.

14-10323 USA v. Linda Mai - Mai appeals her jury conviction for misbranding and
mislabeling pork products.

13-16223 Basalite Concrete Products v. National Union Fire Ins - Basalite appeals the
dismissal of its insurance coverage action brought against insurer that refused to defend under the
“advertising injury” prong of its policy.

13-50521 USA v. Ricky Hitsman – Appeal of conviction of trafficking in counterfeit Viagra.
Page 31 of 41

13-16126 Scott Bizar v. Jeffrey Dee - Dee appeals and Bizar cross-appeals the judgment
regarding claims of copyright and trademark infringement of a role-playing game rulebook.

13-16107 Stephanie Lenz v. Universal Music Corp. – Universal appeals denial of summary
judgement in copyright action relating to fair use of song in YouTube video and misrepresentation in a
DMCA takedown notice.

15-15274 Akebia Therapeutics, Inc. v. FibroGen, Inc. – FibroGen appeals the order
granting Akebia leave to issue subpoenas under 28 U.S.C. § 1782 for taking discovery from FibroGen in
furtherance of a foreign patent proceeding.

13-16110 Piping Rock Partners v. David Lerner Associates - David Lerner Associates
appeals the order striking its business tort counterclaims related to statements plaintiff made about
David Lerner Associates on plaintiff’s blog and denying plaintiff’s motion to strike its libel claims for
statements David Lerner Associates made about plaintiff on RipOff Report and elsewhere.

14-15359 Mebo International, Inc v. Shinya Yamanaka - Xu appeals the order granting
motion to strike his complaint alleging defamation related to Yamanaka’s assertions about his scientific
achievements and inventions resulting in the Nobel Prize and lessening the value of Xu’s patents.
July 10, 2015 9:00 am, 2nd Floor Courtroom, Portland

13-35858 Pegasus Emergency Mgt Svcs v. Pegasus Emergency Group - Pegasus
Emergency Management Services appeals the Rule 12(b)(6) dismissal for lack of personal jurisdiction of
its action alleging trademark infringement and fraud.
DECISION: Settled before decision rendered

13-55943 Arleen Carbral v. Supple LLC - Supple appeals the order granting certification of
class action relating to its sales, marketing and distribution of the Supple Beverage.
Page 32 of 41

13-56501 William Swoger v. Rare Coin Wholesalers - Swoger appeals summary
judgment in favor of Rare Coin alleging that it failed to pay for information Swoger provided.

13-56007 Home Decor Center v. Google - Home Decor Center appeals summary
judgment in its action under the Lanham Act.
DECISION: Affirmed summary judgment for Google in unpublished order.
Trial court summary judgment order: http://goo.gl/H2jnw8 [.pdf]

13-15584 Gregory Brod v. Sioux Honey Ass'n, Cooperative - Brod appeals dismissal of his
claim alleging Sioux Honey violated state law by marketing its "Sue Bee Clover Honey" in California.

13-17448 FTC v. Glen Burke - Burke appeals the order holding him liable for contempt
after violating a permanent injunction under the Federal Trade Commission Act.
ORAL ARGUMENT: None [submitted on the briefs]

13-15544 Xcentric Ventures v. Lisa Borodkin - Xcentric Ventures [RipOffReport.com]
appeals dismissal of its claims against Borodkin alleging malicious prosecution.

13-15685 Dale Bozzio v. EMI Group Ltd - Bozzio appeals dismissal of claims against EMI
Recorded Music alleging breach of contract and other causes of action.

14-35095 American Freedom Defense Initiative v. King County - American Freedom
appeals from the denial of a preliminary injunction in an action challenging King County's rejection of
proposed "Faces of Global Terrorism" advertisement submitted for display on County buses.

13-55859 Paul Hansmeier, Esq. v. John Doe - Hansmeier appeals sanctions imposed
against him in copyright cases.
Page 33 of 41

13-55816 A Lor International, Ltd. v. Tappers Fine Jewelry, Inc. - A'lor International
appeals summary judgment on its claims of infringement of jewelry design copyrights.
May 5, 2015 9:30 am, Courtroom 2, Seattle

14-35950 Ocean Beauty Seafoods v. Pacific Seafood Group - Pacific Seafood Group
appeals from the denial of preliminary injunctive relief seeking to prevent former employee Michael
Coulston from working for Ocean Beauty Seafoods.

13-55673 Daniel Henderson v. Matthew Lindland - Henderson appeals summary
judgment on a laches defense in his trademark infringement action.

13-55796 Amity Rubberized Pen Co v. Market Quest Group - Amity Rubberized appeals
dismissal of its action alleging patent infringement, false advertising and related causes of action.

13-55763 Bikram's Yoga College of India v. Evolation Yoga - Bikram's Yoga College
appeals the partial summary judgment holding that a sequence of yoga postures is not copyrightable.

12-57190 Meridian Textiles v. Topson Downs of California - Meridian Textiles appeals
summary judgment on its claims of infringement of copyrights in textile designs.

13-55361 ITC Textile v. Wal-Mart Stores - ITC Textile appeals dismissal of two actions
alleging infringement of its fabric designs by Wal-Mart Stores and other defendants

13-17280 East Bay Law v. Ford Motor Company - East Bay Law appeals dismissal of its
false advertising action alleging that Ford Motor misrepresented that the 2013 Ford Taurus contained an
upgrade option for voice-activated navigation systems.
DECISION: [In an unpublished order, case remanded with order to dismiss complaint]
Page 34 of 41

13-17029 Monique Manchouck v. Mondelez Int'l - Manchouck appeals dismissal of her
putative class action alleging false advertising.

13-55537 San Miguel Pure Foods Co. v. Ramar Int'l Corp. – Appeal and cross-appeal of
the judgment on claims of infringement of "Magnolia" trademarks for ice cream and other foods.

13-56214 Munchkin, Inc. v. Playtex Products, LLC – Munchkin appeals the judgment
after jury trial on false advertising claims under the Lanham Act.
April 8, 2015 10:00 am, Courtroom 1, San Francisco

14-35393 Microsoft Corporation v. Motorola Mobility, Inc. – Motorola appeals the
judgment involving its obligation to license patents at a reasonable rate.

13-55575 Multi Time Machine v. Amazon.com - Briefs filed under seal. [Whether
Amazon may lawfully present consumers with product listings for Plaintiff’s competitors’ products when
an Amazon user enters Plaintiff’s trademarks in the Amazon product search engine.]

13-55557 Cindy Braggs v. Maxine Jones - Jones appeals the order confirming an
arbitration award in favor of Braggs and Ellis on their trademark infringement claims.

13-55545 Nat'l Conf. of Personal Mgrs v. Edmund Brown, Jr. - The National Conference
of Personal Managers appeals from the 12(b)(6) dismissal of its 42 U.S.C. §1983 action challenging the
California Talent Agencies Act.

13-55553 name.space v. ICANN - Name.space appeals the dismissal of its antitrust action
against ICANN, manager of the Internet Domain Name System.
DECISION : http://scholar.google.com/scholar_case?case=14043197499612624408
Page 35 of 41

14-15267 Minden Pictures v. John Wiley & Sons - Minden Pictures a stock photography
agency, appeals summary judgment in its action under the Copyright Act.
March 17, 2015 1:00 pm, Courtroom 1, San Francisco

14-17068 Edward O'Bannon, Jr. v. NCAA - The NCAA appeals the judgment after trial in
an antitrust suit and injunction against enforcement of rules prohibiting payment of student athletes for
use of their names, images, and likenesses in sports broadcasts and videogames.
March 18, 2015 2:30 pm, Courtroom 3, San Francisco

12-56638 Jane Doe No. 14 v. Internet Brands, Inc. – [I’m not sure what issues are in play.
A prior decision ruled that the CDA did not bar plaintiff’s negligence claims for failure to warn.]
ORAL ARGUMENT: http://www.ca9.uscourts.gov/media/view.php?pk_id=0000012268
February 3, 2015 9:00 am, Courtroom 2, Seattle

14-35563 OTR Wheel Engineering, Inc. v. West Worldwide Services, Inc. – Defendants
appeal grant of preliminary injunction in trade dress and trade secret case.
DECISION: http://www.scholar.google.com/scholar_case?case=2868977945602008269

13-55051 Stop Staring! Designs v. Tatyana, LLC - Stop Staring! Designs appeals the
judgment after a jury trial in its trade dress infringement action alleging that defendants' clothing
industry website was confusingly similar to its own.

13-55484 DC Comics v. Mark Towle - A maker of Batmobile replicas appeals summary
judgment and permanent injunction on claims of copyright and trademark infringement.

12-57320 Bauer Bros. v. Nike, Inc. - Apparel company Bauer Bros. appeals the summary
judgment in its trademark infringement action against Nike, Inc.
DECISION : http://www.scholar.google.com/scholar_case?case=2940380907435944685

12-17045 Meghan Mollett v. Netflix, Inc. - Meghan Mollett appeals the dismissal of her
action under the Video Privacy Protection Act.
Page 36 of 41

12-17391 Daniel Rodriguez v. Sony Computer Entertainment - Daniel Rodriguez appeals
the dismissal of his action under the Video Privacy Protection Act.

13-56854 Philippe Charriol Int'l Ltd v. A'Lor Int'l Ltd - Philippe Charriol appeals the denial
of a preliminary injunction to prevent A'Lor International from infringing jewelry trademarks.

12-56665 FTC v. John Beck - Beck appeals the judgment enjoining him from engaging,
participating, or assisting others in telemarketing and the dissemination of any infomercial.

12-57064 FTC v. Charles Gugliuzza - Gugliuzza appeals the judgment following a bench
trial holding that he engaged in deceptive and unfair practices.

12-17596 Skye Astiana v. The Hain Celestial Group - Skye Astiana appeals the dismissal
on primary jurisdiction grounds of its false advertising diversity action.

13-55227 Gerald Morawski v. Lightstorm Entertainment - Morawski appeals summary
judgment in an action alleging that Defendants unlawfully used his original ideas in the film Avatar.

13-15061 Victoria Ryan v. Editions Limited West, Inc. – Appeal and cross-appeal of the
judgment and award of attorneys' fees in a copyright infringement action.

12-17734 Peter Deacon v. Pandora Media - Peter Deacon appeals the dismissal of his
diversity putative class action alleging that Pandora improperly disclosed Deacon's personal information.
DECISION: [In unpublished order, certified a question to the Minnesota Supreme Court]
Page 37 of 41

13-55421 The Ray Charles Foundation v. Raenee Robinson - The Ray Charles Foundation
appeals dismissal its copyright infringement action for lack of standing regarding Charles’ compositions.

13-55446 Moldex-Metric v. McKeon Products - Moldex-Metric appeals the summary
judgment in its action alleging infringement of its trademark in earplugs.

14-55930 Life Alert Emergency Response v. LifeWatch – LifeWatch appeals the entry of a
preliminary injunction in a trademark infringement action.

12-17351, 13-15743 Universal Engraving v. Metal Magic - Universal Engraving appeals the
judgment in its action alleging violation of the Arizona Uniform Trade Secrets Act.
January 29, 2015 9:30 am, University of Arizona, Rogers College of Law, U. of Arizona, Tucson
12-17371 Adobe Systems v. Joshua Christenson - Adobe appeals partial summary
judgment in its action for trademark and copyright infringement.

14-55823 Asics America Corporation v. Lutte Licensing Group LLC - Asics America appeals
the denial of its motion for preliminary injunctive relief, seeking to enjoin Lutte Licensing from selling a
line of shoes endorsed by wrestler Jordan Burroughs.
DECISION: [Settled before decision rendered]

12-57221 Marshall & Swift/Boeckh v. Dewberry & Davis - Dewberry appeals the denial
of its request for attorneys' fees under the Copyright Act.

12-16752 Pulaski & Middleman, LLC v. Google Inc. - Pulaski appeals denial of class
certification in his diversity action seeking to certify a nationwide class of all advertisers whose ads
appeared on webpages known as parked domains and error pages.
Page 38 of 41

12-16601 Fox Test Prep v. Facebook, Inc. - BRIEFS SEALED. The case addresses whether
Facebook engaged in unfair competition by billing advertisers for invalid clicks.

12-56702 Keith Chung v. City of Los Angeles - Chung appeals the judgment following his
arrest and the seizure of merchandise he was selling at a Cotton Traders store in Van Nuys, California.

12-57081 Salvatore Gallucci v. Henry Gonzales - Gonzales, objector, appeals the
judgment in a diversity putative class action seeking to recover both injunctive relief and monetary
damages in regards to false advertising.
December 15, 2014 3:30 pm, Courtroom 3, Pasadena - En Banc

12-57302 Cindy Garcia v. Google, Inc. - Garcia appeals the denial of her motion for a
preliminary injunction in her action alleging that YouTube and others infringed her copyright in her
dramatic performance in a film.
December 16, 2014 3:30 pm, Courtroom 3, Pasadena - En Banc

12-56077 Sam Francis Foundation v. Christies, Inc. - Sam Francis appeasl the order
granting joint motions to dismiss diversity actions brought alleging violations of California's Resale
Royalties Act and Unfair Competition Law concerning the sale of fine art.
DECISION : http://www.scholar.google.com/scholar_case?case=3681093892871484882

14-15286 Russell Road Food and Beverage v. Michael Galam - Russell Road appeals the
order vacating a preliminary injunction in its action alleging trademark infringement from defendants'
use of the term "Crazy Horse" in connection with their Las Vegas club.

14-55571 Agustin Ramirez v. Mario Sotelo - Sotelo appeals the preliminary injunction
under the Lanham Act against their use of the name "Los Caminantes."
Page 39 of 41
October 10, 2014 9:00 am, Ceremonial Courtroom, Phoenix

13-16977 Tom Bean v. Inc. - Bean appeals dismissal of his copyright infringement action.
10-16771 Tom Bean v. Houghton Mifflin Harcourt Pub. - Bean appeals dismissal of his
copyright infringement action.
DECISION AT: http://www.scholar.google.com/scholar_case?case=11352120814345639998

12-56733 Stan Lee Media v. Stan Lee - Stan Lee Media appeals dismissal of its copyright
action as barred by res judicata.
October 8, 2014 9:00 am, Courtroom 1, San Francisco

12-16913 Simon Cheffins v. Michael Stewart - Cheffins appeal the judgment under the
Visual Artists Rights Act regarding their work "La Contessa" displayed at the Burning Man festival.

14-55253 Pom Wonderful v. Robert Hubbard, Jr. - Pom Wonderful appeals denial of a
preliminary injunction to enjoin Hubbard from selling an energy drink bearing the mark "pom."

12-15737 Michael Davis v. Electronic Arts Inc. - Electronic Arts appeals the denial of its
anti-SLAPP motions to dismiss the action brought by former National Football League Players.

13-16959 Titaness Light Shop v. Sunlight Supply, Inc. Appeal from the grant of a
preliminary injunction in a trademark infringement case.
August 29, 2014 9:30 am, Courtroom 2, Seattle

13-35416 Scentsy v. Harmony Brands Copyright case

13-10143 USA v. Suibin Zhang - Zhang appeals his conviction of misappropriation of trade
secrets from Marvell Semiconductor.
Page 40 of 41
July 9, 2014 9:30 am, Seattle

13-35237 Sandy Routt v. Amazon.com - Rout appeals dismissal of her action under the
Copyright and Lanham Acts.

12-17502 Fifty-Six Hope Road Music v. A.V.E.L.A. - Defendants appeal the judgment in a
Lanham Act action regarding the use of Bob Marley images on apparel and other merchandise.

13-56818 Fox Broadcasting Co. v. Dish Network Copyright case

12-16733 Donna Corbello v. Frankie Valli - Corbello appeals the summary judgment in her
action under the Copyright Act regarding the musical "Jersey Boys."

12-17708 Credit Bureau Connection v. William Pardini - Pardini appeals the denial of his
motion to enforce a settlement agreement in a copyright action.

12-16071 Innospan Corp v. Shasta Ventures GP - Innospan appeals a discovery sanction
and the dismissal of its trademark infringement action.

12-56726 Robert Reid v. Johnson & Johnson - Reid appeals the dismissal of his putative
class action alleging unlawful business practices arising from the marketing of Benecol Spread.
June 4, 2014 9:30 am, Pasadena Courtroom 2, Pasadena, California

12-56683 Hollywood Foreign Press Ass'n v. Red Zone Capital Partners II - The Hollywood
Foreign Press appeals the judgment in a trademark infringement action.
DECISION: [Settled before a decision rendered]
Page 41 of 41

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NINTH CIRCUIT ORAL ARGUMENTS IN

October 9, 2018 9:00 am Courtroom 1, Pasadena

October 11, 2018 9:30 am Courtroom 3, Pasadena

October 12, 2018 9:30 am Courtroom 3, Pasadena

October 15, 2018 9:00 am Courtroom 3, San Francisco

October 16, 2018 9:00 am Courtroom 1, San Francisco

November 6, 2018 9:00 am 7th Floor Courtroom 2, Seattle

November 7, 2018 9:30 am Courtroom 1, Pasadena

November 9, 2018 9:00 am 2nd Floor Courtroom, Portland

November 13, 2018 9:00 am Courtroom 1, San Francisco

November 15, 2018 9:00 am Courtroom 2, San Francisco

November 16, 2018 9:00 am Courtroom 3, San Francisco

November 16, 2018 9:30 am Courtroom 1, Pasadena

December 3, 2018 9:30 am Courtroom 1, Pasadena

December 5, 2018 9:30 am Courtroom 1, Pasadena

December 6, 2018 9:30 am Courtroom 1, Pasadena

December 6, 2018 9:30 am Courtroom 1, Pasadena

December 6, 2018 9:00 am Courtroom 2, Pasadena

December 6, 2018 9:30 am Courtroom 3, Pasadena

December 7, 2018 9:00 am Courtroom 1, Pasadena

December 17, 2018 9:30 am Courtroom 1, San Francisco

December 17, 2018 9:00 am Courtroom 3, San Francisco

December 18, 2018 9:00 am Courtroom 4, San Francisco

PREVIOUS ORAL ARGUMENTS

September 6, 2018 9:30 am Courtroom 1, San Francisco

September 13, 2018 9:30 am Courtroom 3, San Francisco

September 25, 2018 10:30 am Courtroom 3, Pasadena - En Banc

August 8, 2018 9:30 am Courtroom 1, Pasadena

August 10, 2018 9:00 am Courtroom 1, Pasadena

August 10, 2018 9:00 am Courtroom 1, Pasadena

August 27, 2018 9:30 am Courtroom 1, Pasadena

August 28, 2018 9:30 am 7th Floor Courtroom 2, Seattle

July 10, 2018 8:30 am Courtroom 1, San Francisco

July 13, 2018 9:00 am Courtroom 2, Seattle

June 5, 2018 9:00 am Courtroom 3, Pasadena

June 6, 2018 9:00 am Courtroom 2, Seattle

June 7, 2018 9:00 am Courtroom 2, Seattle

June 12, 2018 9:30 am Courtroom 1, San Francisco

June 12, 2018 9:45 am Anchorage Alaska

May 14, 2018 9:30 am Courtroom 1, Pasadena

May 15, 2018 9:00 am 2nd Floor Courtroom, Portland

May 17, 2018 9:30 am Courtroom 1, San Francisco

May 17, 2018 9:30 am Courtroom 1, San Francisco

May 17, 2018 9:30 am Courtroom 1, San Francisco

May 17, 2018 9:30 am Courtroom 1, San Francisco

May 18, 2018 9:00 am 2nd Floor Courtroom, Portland

May 18, 2018 9:00 am Courtroom 2, Seattle

April 9, 2018 9:00 am Courtroom 1, Pasadena

April 10, 2018 9:00 am Courtroom 1, Pasadena

April 11, 2018 9:00 am Courtroom 3, Pasadena

April 11, 2018 9:30 am Courtroom 3, San Francisco

April 11, 2018 9:30 am Courtroom 3, San Francisco

April 12, 2018 9:00 am Courtroom 3, Pasadena

April 12, 2018 9:00 am Courtroom 1, Pasadena

April 13, 2018 9:00 am Courtroom 2, Pasadena

March 5, 2018 9:00 am Courtroom 2, Seattle

March 7, 2018 9:00 am Courtroom 2, Seattle

March 12, 2018 9:00 am Courtroom 1, San Francisco

March 12, 2018 9:00 am Courtroom 2, San Francisco

March 15, 2018 9:30 am Courtroom 3, San Francisco

March 15, 2018 9:30 am Courtroom 4, San Francisco

February 5, 2018 9:00 Courtroom 2, Pasadena

February 8, 2018 9:00 Courtroom 2, Pasadena

Upcoming 9th Circuit Oral Arg'ts in IP Cases

Upcoming 9th Circuit Oral Arg'ts in IP Cases