Wyatt Technology Corporation v. Malvern Instruments Inc.

MEMORANDUM

Wyatt Technology Corporation manufactures the DynaPro — a laboratory instrument — and holds the copyright to certain versions of Dynamics, the software used to operate the DynaPro. Malvern Instruments Incorporated manufactures the competing Zetasizer Nano; David Dolak is a Malvern employee. Wyatt sued Malvern and Dolak for infringing its copyrights in Dynamics, purloining various trade secrets, and making false representations in advertising the Zetasizer Nano (in violation of the Lanham Act, 15 U.S.C. § 1125 (a)). The district court granted Malvern summary judgment on many of Wyatt’s claims, leaving only its Lanham Act claim and a portion of its misappropriation of trade secrets claim. After the district court made several rulings adverse to Wyatt on the parties’ motions in limine, Wyatt apparently determined its remaining claims would fail at trial, and stipulated to the entry of a judgment it could appeal — the one we now review. We review the district court’s entry of summary judgment de novo, Ctr. for Biological Diversity v. Salazar, 706 F.3d 1085, 1090 (9th Cir.2013), and as discussed below, we affirm. We lack jurisdiction to review the district court’s rulings…