Total Recall Technologies v. Palmer Luckey

NOT FOR PUBLICATION FILED

UNITED STATES COURT OF APPEALS NOV 18 2021

MOLLY C. DWYER, CLERK

U.S. COURT OF APPEALS

FOR THE NINTH CIRCUIT

TOTAL RECALL TECHNOLOGIES, Nos. 21-15590, 21-15609

Plaintiff-Appellee, D.C. No. 3:15-cv-02281-WHA

v.

MEMORANDUM*

PALMER LUCKEY; FACEBOOK

TECHNOLOGIES, LLC,

Defendants-Appellants.

Appeal from the United States District Court for the Northern District of California William Alsup, District Judge, Presiding

Submitted November 15, 2021** San Francisco, California

Before: McKEOWN and GOULD, Circuit Judges, and RESTANI,*** Judge.

Defendants Palmer Luckey and Facebook Technologies, LLC (collectively

the “Oculus Defendants”) appeal from the district court’s order denying seven

* 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 Jane A. Restani, Judge for the United States Court of International Trade, sitting by designation. motions to seal. Plaintiff…