Just Goods, Inc. v. Eat Just, Inc.

NOT FOR PUBLICATION FILED

UNITED STATES COURT OF APPEALS MAR 2 2022

MOLLY C. DWYER, CLERK

U.S. COURT OF APPEALS

FOR THE NINTH CIRCUIT

JUST GOODS, INC., a Delaware Nos. 20-17033 & 20-15809 corporation,

Plaintiff-counter- D.C. Nos. 3:18-cv-02198-WHO defendant-Appellee,

v. MEMORANDUM*

EAT JUST, INC., FKA Hampton Creek, Inc.; JOSHUA TETRICK, an Individual,

Defendants-counter- claimants-Appellants.

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

Argued and Submitted October 22, 2021 San Francisco, California

Before: WATFORD and HURWITZ, Circuit Judges, and BAKER,** International Trade Judge. Partial Concurrence and Partial Dissent by Judge BAKER.

Eat Just, Inc. (“EJ”) entered into a contract (the “Term Sheet”) with Just

* This disposition is not appropriate for publication and is not precedent except as provided by Ninth Circuit Rule 36-3. ** The Honorable M. Miller Baker, Judge for the United States Court of International Trade, sitting by…