Sumotext Corp. v. Zoove, Inc.

NOT FOR PUBLICATION FILED

UNITED STATES COURT OF APPEALS OCT 27 2021

MOLLY C. DWYER, CLERK

U.S. COURT OF APPEALS

FOR THE NINTH CIRCUIT

SUMOTEXT CORP., No. 20-17245

Plaintiff-Appellant, D.C. No. 5:16-cv-01370-BLF

v.

MEMORANDUM*

ZOOVE, INC., DBA Starstar Mobile; et al.,

Defendants-Appellees.

Appeal from the United States District Court for the Northern District of California Beth Labson Freeman, District Judge, Presiding

Submitted October 22, 2021** San Francisco, California

Before: BADE and BUMATAY, Circuit Judges, and SESSIONS,*** District Judge.

Sumotext Corp. appeals the district court’s dismissal of Mblox, Inc. at the

pleadings stage and the district court’s entry of judgment, after a jury trial, in favor

* This disposition is not appropriate for publication and is not precedent except as provided by Ninth Circuit Rule 36-3. ** The panel unanimously concludes this case is suitable for decision without oral argument. See Fed. R. App. P. 34(a)(2). *** The Honorable William K. Sessions III, United States District Judge for the District of Vermont, sitting by…