Inhale, Inc. v. Starbuzz Tobacco, Inc.

FOR PUBLICATION

UNITED STATES COURT OF APPEALS

FOR THE NINTH CIRCUIT

INHALE, INC., a California No. 12-56331 Corporation, Plaintiff-Appellant, D.C. No. 2:11-cv-03838- v. ODW-FFM

STARBUZZ TOBACCO, INC., a California Corporation; WAEL ORDER AND SALIM ELHALAWANI, an individual AMENDED residing in California, OPINION Defendants-Appellees.

Appeal from the United States District Court for the Central District of California Otis D. Wright, II, District Judge, Presiding

Argued and Submitted November 4, 2013—Pasadena, California

Filed January 9, 2014 Amended June 3, 2014

Before: Diarmuid F. O’Scannlain, Susan P. Graber, and Carlos T. Bea, Circuit Judges.

Order; Opinion by Judge O’Scannlain; Concurrence by Judge Bea INHALE, INC. V. STARBUZZ TOBACCO, INC.

SUMMARY*

Copyright

The panel filed (1) an order amending its opinion, denying petitions for rehearing and rehearing en banc, and granting a request for an award of attorneys’ fees; and (2) an amended opinion affirming the district court’s summary judgment and award of attorneys’ fees in favor of the defendant in an action under the…