D-Beam Limited Partnership v. Roller Derby Skates, Inc

Good Law
366 F.3d 972·58 Fed. R. Serv. 3d 324·2004 U.S. App. LEXIS 8895
United States Court of Appeals for the Ninth CircuitMay 6, 200401-56007California1,438 words

Opinion

Opinion

366 F.3d 972 D-BEAM LIMITED PARTNERSHIP, personally and sole General Partner, Inclusive, Plaintiff, and Brian Lee Evans, personally, Plaintiff-Appellant, v. ROLLER DERBY SKATES, INC; John Does Entities, 1-5 inclusive, Defendants-Appellees. No. 01-56007. United States Court of Appeals, Ninth Circuit. Argued and Submitted March 31, 2004. Filed May 6, 2004. Michael Sacksteder and Kohi Nguyen, Court Appointed Pro Bono Counsel, Fenwick & West LLP, Mountain View, CA; Brian Lee Evans, Pro Se, Newport Beach, CA, for the plaintiffs-appellants. Karin D. Vogel and Polly Towill, Sheppard, Mullin, Richter, & Hampton LLP, San Diego, CA; Richard H. Chapman, FagelHaber LLC, Chicago, IL, for the defendant-appellee. Appeal from the United States District Court for the Central District of California; David O. Carter, District Judge, Presiding. D.C. No. CV-98-00705-DOC. Before HALL, TROTT, and CALLAHAN, Circuit Judges. TROTT, Circuit Judge. 1 Brian Evans invented a "Solid State Skate Truck" designed to be incorporated into roller skates and skateboards. Patents were secured by D-Beam, a California limited partnership of which Evans is the general partner and majority owner. D-Beam licensed…

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