Whatsapp Inc. v. Nso Group Technologies Ltd.

Good Law
17 F.4th 930
United States Court of Appeals for the Ninth CircuitNovember 8, 202120-16408California5,085 words

Opinion

Opinion

FORREST, J.

FOR PUBLICATION

UNITED STATES COURT OF APPEALS

FOR THE NINTH CIRCUIT

WHATSAPP INC., a Delaware No. 20-16408 corporation; FACEBOOK, INC., a Delaware corporation, D.C. No. Plaintiffs-Appellees, 4:19-cv-07123-

PJH

v.

NSO GROUP TECHNOLOGIES OPINION

LIMITED; Q CYBER TECHNOLOGIES

LIMITED,

Defendants-Appellants.

Appeal from the United States District Court for the Northern District of California Phyllis J. Hamilton, District Judge, Presiding

Argued and Submitted April 12, 2021 San Francisco, California

Filed November 8, 2021

Before: Mary H. Murguia, Ryan D. Nelson, and Danielle J. Forrest, Circuit Judges.

Opinion by Judge Forrest SUMMARY *

Foreign Sovereign Immunity

The panel affirmed the district court’s order denying a private Israeli corporation’s motion to dismiss, based on foreign sovereign immunity, an action brought under the Computer Fraud and Abuse Act and California state law.

WhatsApp Inc. and Facebook, Inc., alleged that defendant, a privately owned and operated Israeli corporation, sent malware through WhatsApp’s server system to mobile devices.

The panel held that…

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