Our goal is to win your case and that includes handling any appeal work necessary for your litigation.
Whether we need to defend a lower court victory or fight to correct an unfavorable outcome, we will partner with you through to the finish line, no matter what stage of the case we join your team. We understand that appellate advocacy is different to trial work. Our attorneys have mastered the ability to expertly select the legal issues to pursue on appeal, filter the lower-court record, and thoughtfully navigate a path to victory. Our strong appellate practice has achieved success in federal and state appellate courts throughout the U.S. for clients from a variety of industries with disputes from a number of practice areas.
Pinkette Clothing, Inc. v. Cosmetic Warriors Ltd. After a five-day trial, LTL received a favorable decision on behalf of its client Pinkette in which the trial court ruled that laches barred CWL’s claims for trademark infringement and cancellation of Pinkette’s registration. LTL successful appeal at the Ninth Circuit resulted in a precedential decision that the laches defense is applicable in the trademark context. The Court looked to the most analogous statute of limitation (California’s four-year statute of limitations for trademark infringement claims) and the E-Systems factors. The appeal also involved unclean hands, inevitable confusion doctrine, and the territoriality principle.
Todd S. Glassey and Michael E. McNeil v. Microsemi Inc., Internet Engineering Task Force, The Internet Society, United States, Apple Inc., Cisco Inc., Ebay Inc., Paypal, Inc., Google Inc., Juniper Networks, Microsoft Corp., Oracle Inc., and Netflix, Inc. The Court of Appeals for the Ninth Circuit ruled in favor of LTL’s clients, Microsemi, Microsoft, and Oracle, in a decision that affirmed the trial court’s ruling for defendants against claims relating to patent infringement, copyright infringement, Sherman Act and Clayton Act violations, and tortious interference.
Thimes Solution Inc. v. TP-Link USA Corporation. Obtained summary judgment ruling in favor of our client TP-Link USA against trade libel and tortious interference claims. Appeal is pending before the Ninth Circuit. This is the second time before the Ninth Circuit, in the first round, the appellate court affirmed dismissal of antitrust and Lanham Act claims in our client’s favor.
Optional Capital, Inc. v. DAS Corporation (Mar. 25, 2022, B301524). In a three-week 2019 trial conducted by LTL Partners Joe Tuffaha and Prashanth Chennakesavan, with assistance from associates David Crane and Kevin Kelly, a jury rejected most of Optional’s claims, but awarded Optional $2 million after finding that DAS knowingly received stolen funds. Both sides appealed. A unanimous panel agreed with LTL, reversed the judgment, and rejected Optional’s cross-appeal.
Mario Arce v. Wal-Mart Associates, Inc., et al. Second District Court of Appeal, Case No. B302349. The Second District Court of Appeal affirmed a judgment dismissing Appellant Mario Arce’s employment discrimination lawsuit against Wal-Mart.