Hiq Labs, Inc. v. Linkedin Corporation

FOR PUBLICATION

UNITED STATES COURT OF APPEALS

FOR THE NINTH CIRCUIT

HIQ LABS, INC., No. 17-16783 Plaintiff-Appellee, D.C. No. v. 3:17-cv-03301-EMC

LINKEDIN CORPORATION,

Defendant-Appellant. OPINION

On Remand from the United States Supreme Court

Argued and Submitted October 18, 2021 San Francisco, California

Filed April 18, 2022

Before: J. Clifford Wallace and Marsha S. Berzon, Circuit Judges, and Terrence Berg, * District Judge.

Opinion by Judge Berzon

* The Honorable Terrence Berg, United States District Judge for the Eastern District of Michigan, sitting by designation. SUMMARY **

Preliminary Injunction / Computer Fraud and Abuse Act

On remand from the United States Supreme Court, the panel affirmed the district court’s order preliminarily enjoining LinkedIn Corp. from denying hiQ Labs, Inc., a data analytics company, access to publicly available member profiles on LinkedIn’s professional networking website.

The panel previously affirmed the preliminary injunction. The Supreme Court granted certiorari, vacated the panel’s judgment, and remanded for further…