Zoom Video Communications, Inc v. RingCentral, Inc.
| ZOOM VIDEO COMMUNICATIONS, INC. |
| RINGCENTRAL, INC. |
| 21-15792 |
| April 30, 2021 |
| U.S. Court of Appeals, Ninth Circuit |
| Trademark |
Opinions
We have the following opinions for this case:
| Description |
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| ZOOM VIDEO COMMUNICATIONS, INC V. RINGCENTRAL, INC. |
Docket Report
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This docket was last retrieved on November 5, 2021. A more recent docket listing may be available from PACER.
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Filing 42
MANDATE ISSUED.(SRT, MDH and MTF) [12279151] (NAC) [Entered: 11/05/2021 07:25 AM]
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Filing 41
FILED MEMORANDUM DISPOSITION (SIDNEY R. THOMAS, MICHAEL DALY HAWKINS and MICHELLE T. FRIEDLAND) AFFIRMED. FILED AND ENTERED JUDGMENT. [12256638] (JN) [Entered: 10/14/2021 09:39 AM]
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Filing 40
Filed Audio recording of oral argument. Note: Video recordings of public argument calendars are available on the Court's website, at # http://www.ca9.uscourts.gov/media/ [12251240] (BJK) [Entered: 10/07/2021 03:13 PM]
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Filing 39
ARGUED AND SUBMITTED TO SIDNEY R. THOMAS, MICHAEL DALY HAWKINS and MICHELLE T. FRIEDLAND. [12250646] (EJF) [Entered: 10/07/2021 11:26 AM]
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Filing 38
Filed (ECF) Acknowledgment of hearing notice by Attorney Douglas Ethan Lumish for Appellee Zoom Video Communications, Inc.. Hearing in San Francisco on 10/07/2021 at 09:00 A.M. (Courtroom: Courtroom 1). Filer sharing argument time: No. (Argument minutes: 15.) Special accommodations: NO. Filer admission status: I certify that I am admitted to practice before this Court. Date of service: 09/16/2021. [12230220] [21-15792] (Lumish, Douglas) [Entered: 09/16/2021 09:58 AM]
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Filing 37
Filed (ECF) Acknowledgment of hearing notice by Attorney Andrew D. Silverman for Appellant RingCentral, Inc.. Hearing in San Francisco on 10/07/2021 at 09:00 A.M. (Courtroom: Courtroom 1). Filer sharing argument time: No. (Argument minutes: 15.) Special accommodations: NO. Filer admission status: I certify that I am admitted to practice before this Court. Date of service: 09/15/2021. [12228938] [21-15792] (Silverman, Andrew) [Entered: 09/15/2021 10:35 AM]
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Filing 36
Notice of Oral Argument on Thursday, October 7, 2021 - 09:00 A.M. - Courtroom 1 - Scheduled Location: San Francisco CA. The hearing time is the local time zone at the scheduled hearing location. View the Oral Argument Calendar for your case # here . NOTE: Although your case is currently scheduled for oral argument, the panel may decide to submit the case on the briefs instead. See Fed. R. App. P. 34. Absent further order of the court, if the court does determine that oral argument is required in this case, you will have the option to appear in person at the Courthouse or remotely by video. At this time, an election to appear remotely by video will not require a motion. The court expects and supports the fact that some attorneys and some judges will continue to appear remotely. If the panel determines that it will hold oral argument in your case, the Clerk's Office will contact you directly at least two weeks before the set argument date to review any requirements for in person appearance or to make any necessary arrangements for remote appearance. Please note however that if you do elect to appear remotely, the court strongly prefers video over telephone appearance. Therefore, if you wish to appear remotely by telephone you will need to file a motion requesting permission to do so. Be sure to review the # GUIDELINES for important information about your hearing, including when to be available (30 minutes before the hearing time) and when and how to submit additional citations (filing electronically as far in advance of the hearing as possible). If you are the specific attorney or self-represented party who will be arguing, use the # ACKNOWLEDGMENT OF HEARING NOTICE filing type in CM/ECF no later than 21 days before Thursday, October 7, 2021. No form or other attachment is required. If you will not be arguing, do not file an acknowledgment of hearing notice.[12188084]. [21-15792] (KS) [Entered: 07/30/2021 01:08 PM]
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Filing 35
Filed (ECF) Appellant RingCentral, Inc. Redacted Motion for miscellaneous relief [to file documents under seal]. Date of service: 07/21/2021. [12179544] [21-15792] (Silverman, Andrew) [Entered: 07/21/2021 07:52 PM]
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Filing 34
Received 6 paper copies of Reply Brief [ # 30 ] filed by RingCentral, Inc.. [12179210] (SD) [Entered: 07/21/2021 03:14 PM]
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Filing 33
Received 6 paper copies of Answering Brief [ # 18 ] filed by Zoom Video Communications, Inc.. [12176687] (SD) [Entered: 07/19/2021 03:56 PM]
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Filing 32
Filed clerk order: The reply brief [ # 30 ] submitted by RingCentral, Inc. is filed. Within 7 days of the filing of this order, filer is ordered to file 6 copies of the brief in paper format, accompanied by certification (attached to the end of each copy of the brief) that the brief is identical to the version submitted electronically. Cover color: gray. The paper copies shall be submitted to the principal office of the Clerk. [12174638] (SML) [Entered: 07/16/2021 11:36 AM]
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Filing 31
Filed clerk order: The answering brief [ # 18 ] submitted by Zoom Video Communications, Inc. is filed. Within 7 days of the filing of this order, filer is ordered to file 6 copies of the brief in paper format, accompanied by certification (attached to the end of each copy of the brief) that the brief is identical to the version submitted electronically. Cover color: red. The paper copies shall be submitted to the principal office of the Clerk. [12174626] (SML) [Entered: 07/16/2021 11:31 AM]
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Filing 30
Submitted (ECF) Reply Brief for review. Submitted by Appellant RingCentral, Inc.. Date of service: 07/14/2021. [12172965] [21-15792] (Silverman, Andrew) [Entered: 07/14/2021 05:14 PM]
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Filing 29
Added Attorney(s) Melinda Haag for party(s) Appellant RingCentral, Inc., in case 21-15792. [12170539] (NAC) [Entered: 07/13/2021 08:56 AM]
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Filing 28
Filed (ECF) notice of appearance of Melinda L. Haag (Paul, Weiss, Rifkind, Wharton & Garrison LLP | 943 Steiner St., San Francisco, CA 94117) for Appellant RingCentral, Inc.. Date of service: 07/13/2021. (Party was previously proceeding with counsel.) [12170516] [21-15792] (Haag, Melinda) [Entered: 07/13/2021 08:50 AM]
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Filing 27
Filed (ECF) Attorney Douglas Ethan Lumish for Appellee Zoom Video Communications, Inc. response to notice for case being considered for oral argument. Date of service: 07/12/2021. [12170295] [21-15792] (Lumish, Douglas) [Entered: 07/12/2021 04:33 PM]
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Filing 26
Received 6 paper copies of Opening Brief [20] filed UNDER SEAL by RingCentral, Inc.. [12165732] (SD) [Entered: 07/07/2021 04:56 PM]
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Filing 25
Received 3 paper copies of excerpts of record [ # 14 ], [21] in 2 volumes (Volume 2 UNDER SEAL) and index volume filed by Appellant RingCentral, Inc. [12165370] (LA) [Entered: 07/07/2021 02:32 PM]
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Filing 24
This case is being considered for an upcoming oral argument calendar in San Francisco Please review the San Francisco sitting dates for November 2021 and the 2 subsequent sitting months in that location at # http://www.ca9.uscourts.gov/court_sessions . If you have an unavoidable conflict on any of the dates, please file # Form 32 within 3 business days of this notice using the CM/ECF filing type Response to Case Being Considered for Oral Argument . Please follow the form's # instructions carefully. When setting your argument date, the court will try to work around unavoidable conflicts; the court is not able to accommodate mere scheduling preferences. You will receive notice that your case has been assigned to a calendar approximately 10 weeks before the scheduled oral argument date. If the parties wish to discuss settlement before an argument date is set, they should jointly request referral to the mediation unit by filing a letter within 3 business days of this notice , using CM/ECF ( Type of Document : Correspondence to Court; Subject : request for mediation).[12165194]. [21-15792] (KS) [Entered: 07/07/2021 01:31 PM]
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Filing 23
Filed clerk order: The redacted opening brief [ # 13 ] and redacted Volume 2 of the excerpts of record [ # 17 ] submitted by RingCentral, Inc. are filed. No paper copies are required. [12160922] (SML) [Entered: 07/01/2021 04:27 PM]
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Filing 22
Filed clerk order: The opening brief [20] submitted by RingCentral, Inc. is filed UNDER SEAL. Within 7 days of the filing of this order, filer is ordered to file 6 copies of the brief in paper format, accompanied by certification (attached to the end of each copy of the brief) that the brief is identical to the version submitted electronically. Cover color: blue. The excerpts of record [ # 14 ], [21] submitted by RingCentral, Inc. are filed (Volume 2 is filed UNDER SEAL). Within 7 days of this order, filer is ordered to file 3 copies of the excerpts in paper format securely bound on the left side, with white covers. The paper copies shall be submitted to the principal office of the Clerk. [12160911] (SML) [Entered: 07/01/2021 04:21 PM]
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Filing 21
Submitted (ECF) UNDER SEAL Excerpts of Record, Vol. 2. Submitted by Appellant RingCentral, Inc.. Date of service: 05/26/2021. (Court-entered filing, excerpts of record originally submitted in [ # 15 ].) [12160853] (OC) [Entered: 07/01/2021 03:50 PM]
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Filing 20
Submitted (ECF) UNDER SEAL Opening Brief for review. Submitted by Appellant RingCentral, Inc.. Date of service: 05/26/2021. (Court-entered filing, brief originally submitted in [ # 15 ].) [12160849] (OC) [Entered: 07/01/2021 03:49 PM]
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Filing 19
Filed order (Appellate Commissioner): Appellant RingCentrals unopposed motion to seal portions of the Opening Brief and Excerpts of Record is granted. The Clerk will file under seal the Opening Brief (Docket Entry No. 15-2) and Excerpts of Record Volume 2 (Docket Entry No. 15-3). The Clerk will file publicly the redacted Opening Brief (Docket Entry No. [ # 13 ]), Excerpts of Record Volume 1 (Docket Entry No. [ # 14 ]), and the redacted Excerpts of Record Volume 2 (Docket Entry No. [ # 17 ]). Within 21 days of this order, RingCentral must file publicly a redacted version of the Motion to Seal (Docket Entry No. 15-1), omitting Appendix A. The existing briefing schedule remains in effect. (Staff Attorney Office) [12160846] (OC) [Entered: 07/01/2021 03:48 PM]
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| Filing 18 Submitted (ECF) Answering Brief for review. Submitted by Appellee Zoom Video Communications, Inc.. Date of service: 06/23/2021. [12152775] [21-15792] (Lumish, Douglas) [Entered: 06/23/2021 05:56 PM] |
| Filing 16 Added Attorney(s) Brad S. Karp, Walter F. Brown Jr. for party(s) Appellant RingCentral, Inc., in case 21-15792. [12126205] (NAC) [Entered: 05/27/2021 07:15 AM] |
| Filing 17 Submitted (ECF) excerpts of record. Submitted by Appellant RingCentral, Inc.. Date of service: 05/26/2021. [12126829]--[COURT ENTERED FILING to correct entry [ # 14 ].] (SML) [Entered: 05/27/2021 12:44 PM] |
| Filing 15 Filed (ECF) UNDER SEAL Appellant RingCentral, Inc. motion to file document under seal and submit sealed document. Type of document: brief (and excerpts of record). Date of service: 05/26/2021. [12126137] [21-15792] (Silverman, Andrew) [Entered: 05/26/2021 10:47 PM] |
| Filing 14 Submitted (ECF) excerpts of record. Submitted by Appellant RingCentral, Inc.. Date of service: 05/26/2021. [12126135] [21-15792]--[COURT UPDATE: Removed redacted Volume 2, please see entry [ # 17 ]. 05/27/2021 by SML] (Silverman, Andrew) [Entered: 05/26/2021 10:43 PM] |
| Filing 13 Submitted (ECF) Opening Brief for review. Submitted by Appellant RingCentral, Inc.. Date of service: 05/26/2021. [12126134] [21-15792] (Silverman, Andrew) [Entered: 05/26/2021 10:35 PM] |
| Filing 12 Filed (ECF) notice of appearance of Walter F. Brown (Paul, Weiss, Rifkind, Wharton & Garrison LLP | 943 Steiner St., San Francisco, CA 94117) for Appellant RingCentral, Inc.. Date of service: 05/26/2021. (Party was previously proceeding with counsel.) [12126107] [21-15792] (Brown, Walter) [Entered: 05/26/2021 06:42 PM] |
| Filing 11 Filed (ECF) notice of appearance of Brad S. Karp (Paul, Weiss, Rifkind, Wharton & Garrison LLP | 1285 Avenue of the Americas, New York, NY 10019) for Appellant RingCentral, Inc.. Date of service: 05/26/2021. (Party was previously proceeding with counsel.) [12126105] [21-15792] (Karp, Brad) [Entered: 05/26/2021 06:39 PM] |
| Filing 10 Added Attorney(s) Alyssa Barnard-Yanni for party(s) Appellant RingCentral, Inc., in case 21-15792. [12113510] (NAC) [Entered: 05/14/2021 01:30 PM] |
| Filing 9 Filed (ECF) notice of appearance of Alyssa Barnard-Yanni (Orrick, Herrington & Sutcliffe LLP, 701 Fifth Avenue, Suite 5600, Seattle, WA 98104) for Appellant RingCentral, Inc.. Date of service: 05/14/2021. (Party was previously proceeding with counsel.) [12113496] [21-15792] (Barnard-Yanni, Alyssa) [Entered: 05/14/2021 01:26 PM] |
| Filing 8 Added Attorney(s) Benjamin Aiken for party(s) Appellant RingCentral, Inc., in case 21-15792. [12113487] (NAC) [Entered: 05/14/2021 01:24 PM] |
| Filing 7 Filed (ECF) notice of appearance of Benjamin F. Aiken (Orrick, Herrington & Sutcliffe LLP, 1152 15th Street, NW, Washington, DC 20005) for Appellant RingCentral, Inc.. Date of service: 05/14/2021. (Party was previously proceeding with counsel.) [12113484] [21-15792] (Aiken, Benjamin) [Entered: 05/14/2021 01:23 PM] |
| Filing 6 Added Attorney(s) Andrew D. Silverman for party(s) Appellant RingCentral, Inc., in case 21-15792. [12113480] (NAC) [Entered: 05/14/2021 01:22 PM] |
| Filing 5 Filed (ECF) notice of appearance of Andrew D. Silverman (Orrick, Herrington & Sutcliffe LLP, 51 West 52nd Street, New York, NY 10019) for Appellant RingCentral, Inc.. Date of service: 05/14/2021. (Party was previously proceeding with counsel.) [12113475] [21-15792] (Silverman, Andrew) [Entered: 05/14/2021 01:21 PM] |
| Filing 4 The Mediation Questionnaire for this case was filed on 05/06/2021. To submit pertinent confidential information directly to the Circuit Mediators, please use the following # link . Confidential submissions may include any information relevant to mediation of the case and settlement potential, including, but not limited to, settlement history, ongoing or potential settlement discussions, non-litigated party related issues, other pending actions, and timing considerations that may impact mediation efforts.[12105265]. [21-15792] (AD) [Entered: 05/07/2021 06:44 AM] |
| Filing 3 Filed (ECF) Appellant RingCentral, Inc. Mediation Questionnaire. Date of service: 05/06/2021. [12105237] [21-15792] (Uriarte, Robert) [Entered: 05/06/2021 07:30 PM] |
| Filing 2 Filed clerk order (Deputy Clerk: TSP): The appeal filed April 28, 2021, is a preliminary injunction appeal. Accordingly, Ninth Circuit Rule 3-3 shall apply. The mediation questionnaire is due three days after the date of this order. If they have not already done so, within 7 calendar days after the filing date of this order, the parties shall make arrangements to obtain from the court reporter an official transcript of proceedings in the district court that will be included in the record on appeal. The briefing schedule shall proceed as follows: the opening brief and excerpts of record are due not later than May 26, 2021; the answering brief is due June 23, 2021 or 28 days after service of the opening brief, whichever is earlier; and the optional reply brief is due within 21 days after service of the answering brief. See 9th Cir. R. 3-3(b). No streamlined extensions of time will be approved. See 9th Cir. R. 31-2.2(a)(3). Any request for an extension of time to file a brief must be made by written motion under Ninth Circuit Rule 31-2.2(b). Failure to file timely the opening brief shall result in the automatic dismissal of this appeal by the Clerk for failure to prosecute. See 9th Cir. R. 42-1. [12100653] (AF) [Entered: 05/03/2021 05:13 PM] |
| Filing 1 DOCKETED CAUSE AND ENTERED APPEARANCES OF COUNSEL. SEND MQ: Yes. The schedule is set as follows: To be set. Preliminary Injunction Appeal, C.R. 3-3. [12098032] (JBS) [Entered: 04/30/2021 11:07 AM] |
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