Impossible Foods Inc. v. Impossible X LLC
| IMPOSSIBLE FOODS INC. |
| IMPOSSIBLE X LLC |
| 21-16977 |
| November 24, 2021 |
| U.S. Court of Appeals, Ninth Circuit |
| Trademark |
Opinions
We have the following opinions for this case:
| Description |
|---|
 IMPOSSIBLE FOODS INC. V. IMPOSSIBLE X LLC
|
Docket Report
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This docket was last retrieved on December 8, 2022. A more recent docket listing may be available from PACER.
| Document Text |
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| Filing 45 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/ [12605592] (LW) [Entered: 12/08/2022 01:32 PM] |
| Filing 44 ARGUED AND SUBMITTED TO CARLOS F. LUCERO, DANIEL A. BRESS and LAWRENCE VANDYKE. [12603833] (AH) [Entered: 12/06/2022 03:57 PM] |
| Filing 43 Filed (ECF) Acknowledgment of hearing notice by Attorney William H. Brewster, Esquire for Appellant Impossible Foods Inc.. Hearing in San Francisco on 12/06/2022 at 10:00 A.M. (Courtroom: Courtroom 4). Filer sharing argument time: No. (Argument minutes: 10) Appearance in person or by video: I wish to appear in person. Special accommodations: NO. Filer admission status: I certify that I am admitted to practice before this Court. Date of service: 10/04/2022. [12555873] [21-16977] (Brewster, William) [Entered: 10/04/2022 02:43 PM] |
| Filing 42 Notice of Oral Argument on Tuesday, December 6, 2022 - 10:00 A.M. - Courtroom 4 - 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 may have the option to appear in person at the Courthouse or remotely by video. Anyone appearing in person must review and comply with our Protocols for In Person Hearings, available # here . 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 28 days before Tuesday, December 6, 2022. No form or other attachment is required. If you will not be arguing, do not file an acknowledgment of hearing notice.[12554189]. [21-16977] (KS) [Entered: 10/03/2022 09:38 AM] |
| Filing 41 Filed (ECF) Acknowledgment of hearing notice by Attorney Mr. Thomas M. Johnson, Jr. for Appellee Impossible X LLC. Hearing in San Francisco on 12/06/2022 at 09:30 A.M. (Courtroom: Courtroom 4). Filer sharing argument time: No. (Argument minutes: 10) Appearance in person or by video: I wish to appear in person. Special accommodations: NO. Filer admission status: I certify that I am admitted to practice before this Court. Date of service: 10/03/2022. [12554004] [21-16977] (Johnson, Thomas) [Entered: 10/03/2022 06:42 AM] |
| Filing 40 Notice of Oral Argument on Tuesday, December 6, 2022 - 09:30 A.M. - Courtroom 4 - 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 may have the option to appear in person at the Courthouse or remotely by video. Anyone appearing in person must review and comply with our Protocols for In Person Hearings, available # here . 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 28 days before Tuesday, December 6, 2022. No form or other attachment is required. If you will not be arguing, do not file an acknowledgment of hearing notice.[12548596]. [21-16977] (KS) [Entered: 09/25/2022 06:12 AM] |
| Filing 39 Received 6 paper copies of Reply Brief [ # 37 ] filed by Impossible Foods Inc.. [12536911] (SD) [Entered: 09/09/2022 11:43 AM] |
| Filing 38 Filed clerk order: The reply brief [ # 37 ] submitted by Impossible Foods 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. [12534236] (KWG) [Entered: 09/06/2022 03:16 PM] |
| Filing 37 Submitted (ECF) Reply Brief for review. Submitted by Appellant Impossible Foods Inc.. Date of service: 09/06/2022. [12534168] [21-16977] (Davis, Theodore) [Entered: 09/06/2022 02:42 PM] |
| Filing 36 Filed (ECF) Attorney William H. Brewster, Esquire for Appellant Impossible Foods Inc. response to notice for case being considered for oral argument. Date of service: 08/25/2022. [12525878] [21-16977] (Brewster, William) [Entered: 08/25/2022 06:43 AM] |
| Filing 35 This case is being considered for an upcoming oral argument calendar in San Francisco Please review the San Francisco sitting dates for December 2022 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).[12523555]. [21-16977] (KS) [Entered: 08/23/2022 09:11 AM] |
| Filing 34 Added Attorney(s) Thomas M. Johnson Jr. for party(s) Appellee Impossible X LLC, in case 21-16977. [12522616] (QDL) [Entered: 08/22/2022 01:01 PM] |
| Filing 33 Filed (ECF) notice of appearance of Thomas Michael Johnson, Jr. (Wiley Rein LLP, 2050 M Street NW, Washington, DC 20036) for Appellee Impossible X LLC. Date of service: 08/22/2022. (Party was previously proceeding with counsel.) [12522570] [21-16977] (Johnson, Thomas) [Entered: 08/22/2022 12:24 PM] |
| Filing 32 Received 3 paper copies of supplemental excerpts of record [ # 29 ] in 1 volume(s) and index volume filed by Impossible X LLC. [12520328] (NAR) [Entered: 08/18/2022 03:09 PM] |
| Filing 31 Received 6 paper copies of Answering Brief [ # 28 ] filed by Impossible X LLC. [12520279] (SD) [Entered: 08/18/2022 02:44 PM] |
| Filing 30 Filed clerk order: The answering brief [ # 28 ] submitted by Impossible X LLC 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 supplemental excerpts of record [ # 29 ] submitted by Impossible X LLC are filed. 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. [12517471] (KWG) [Entered: 08/15/2022 04:59 PM] |
| Filing 29 Submitted (ECF) supplemental excerpts of record. Submitted by Appellee Impossible X LLC. Date of service: 08/15/2022. [12517084] [21-16977]--[COURT UPDATE: Separated Index Volume and Volume 1 of the excerpts. 08/15/2022 by KWG] (Kosak, Adrienne) [Entered: 08/15/2022 01:49 PM] |
| Filing 28 Submitted (ECF) Answering Brief for review. Submitted by Appellee Impossible X LLC. Date of service: 08/15/2022. [12517078] [21-16977] (Kosak, Adrienne) [Entered: 08/15/2022 01:45 PM] |
| Filing 27 Received 3 paper copies of excerpts of record [ # 24 ] in 4 volume(s) and index volume filed by Appellant Impossible Foods Inc.. [12498748] (JAS) [Entered: 07/20/2022 04:29 PM] |
| Filing 26 Received 6 paper copies of Opening Brief [ # 23 ] filed by Impossible Foods Inc.. [12498545] (SD) [Entered: 07/20/2022 03:09 PM] |
| Filing 25 Filed clerk order: The opening brief [ # 23 ] submitted by Impossible Foods 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: blue. The excerpts of record [ # 24 ] submitted by Impossible Foods Inc. are filed. 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. [12495689] (KWG) [Entered: 07/18/2022 09:34 AM] |
| Filing 24 Submitted (ECF) excerpts of record. Submitted by Appellant Impossible Foods Inc.. Date of service: 07/15/2022. [12495329] [21-16977] (Davis, Theodore) [Entered: 07/15/2022 05:06 PM] |
| Filing 23 Submitted (ECF) Opening Brief for review. Submitted by Appellant Impossible Foods Inc.. Date of service: 07/15/2022. [12495319] [21-16977] (Davis, Theodore) [Entered: 07/15/2022 04:54 PM] |
| Filing 22 MEDIATION ORDER FILED: This case is RELEASED from the Mediation Program. Counsel are requested to contact the Circuit Mediator should circumstances develop that warrant settlement discussions while the appeal is pending. [12492995] (CL) [Entered: 07/13/2022 01:49 PM] |
| Filing 21 Filed clerk order (Deputy Clerk: LBS): Appellants unopposed motion (Docket Entry No. [ # 19 ]) for an extension of time to file the opening brief is granted. The opening brief is due July 15, 2022. The answering brief is due August 15, 2022. The optional reply brief is due within 21 days after service of the answering brief. [12456609] (JMR) [Entered: 05/25/2022 04:14 PM] |
| Filing 20 Filed (ECF) Appellant Impossible Foods Inc. corporate disclosure statement. Date of service: 05/24/2022. [12454905] [21-16977] (Cincone, Gia) [Entered: 05/24/2022 12:00 PM] |
| Filing 19 Filed (ECF) Appellant Impossible Foods Inc. Motion to extend time to file Opening brief until 07/15/2022. Date of service: 05/24/2022. [12454892] [21-16977] (Cincone, Gia) [Entered: 05/24/2022 11:54 AM] |
| Filing 18 Added Attorney(s) Gia L. Cincone, Theodore H. Davis Jr. for party(s) Appellant Impossible Foods Inc., in case 21-16977. [12454358] (QDL) [Entered: 05/23/2022 04:45 PM] |
| Filing 17 Filed (ECF) notice of appearance of Theodore H. Davis Jr. (Kilpatrick Townsend & Stockton LLP 1100 Peachtree Street, Suite 2800 Atlanta, GA 30309-4528) for Appellant Impossible Foods Inc.. Date of service: 05/23/2022. (Party was previously proceeding with counsel.) [12454343] [21-16977] (Davis, Theodore) [Entered: 05/23/2022 04:36 PM] |
| Filing 16 Filed (ECF) notice of appearance of Gia L. Cincone (Kilpatrick Townsend & Stockton LLP, Two Embarcadero Center, Suite 1900, San Francisco, CA 94111) for Appellant Impossible Foods Inc.. Date of service: 05/23/2022. (Party was previously proceeding with counsel.) [12454326] [21-16977] (Cincone, Gia) [Entered: 05/23/2022 04:26 PM] |
| Filing 15 Attorneys Brandon Leahy, Fred Anthony Rowley Jr. and John Lawrence Slafsky in 21-16977 substituted by Attorney William H. Brewster in 21-16977 [12454311] (QDL) [Entered: 05/23/2022 04:19 PM] |
| Filing 14 Filed (ECF) notice of appearance of William H. Brewster (Kilpatrick Townsend & Stockton LLP, 1100 Peachtree Street, Suite 2800, Atlanta, GA 30309-4528) for Appellant Impossible Foods Inc.. Substitution for Brandon Leahy for Appellant Impossible Foods Inc., Fred Anthony Rowley, Jr., Esquire for Appellant Impossible Foods Inc. and Mr. John Lawrence Slafsky, Esquire for Appellant Impossible Foods Inc.. Date of service: 05/23/2022. (Party was previously proceeding with counsel.) [12454289] [21-16977] (Brewster, William) [Entered: 05/23/2022 04:09 PM] |
| Filing 13 MEDIATION CONFERENCE SCHEDULED - DIAL-IN Conference, 05/12/2022, 10:00 a.m., Pacific Time. See order for details. [12437319] (VS) [Entered: 05/03/2022 03:48 PM] |
| Filing 12 Filed order MEDIATION (SJS): The briefing schedule previously set by the court is amended as follows: appellant's opening brief is due June 1, 2022; appellee's answering brief is due July 1, 2022; and appellant's optional reply brief is due within 21 days from the service date of the answering brief. [12412410] (JMR) [Entered: 04/04/2022 04:44 PM] |
| Filing 11 Added Attorney(s) David Weslow for party(s) Appellee Impossible X LLC, in case 21-16977. [12389448] (QDL) [Entered: 03/08/2022 02:12 PM] |
| Filing 10 Filed (ECF) notice of appearance of David Edison Weslow (Wiley Rein LLP 2050 M St. NW, Washington, DC 20036) for Appellee Impossible X LLC. Date of service: 03/08/2022. (Party was previously proceeding with counsel.) [12389441] [21-16977] (Weslow, David) [Entered: 03/08/2022 02:06 PM] |
| Filing 9 Filed order MEDIATION (SJS): The briefing schedule previously set by the court is amended as follows: appellant's opening brief is due May 2, 2022; appellee's answering brief is due June 1, 2022; and appellant's optional reply brief is due within 21 days from the service date of the answering brief. A video mediation will be held on March 8, 2022, at 10:00 a.m. Pacific Time, with Circuit Mediator, Steven Saltiel. Unless excused by the Circuit Mediator prior to the scheduled conference, each party shall be represented by counsel of record and a client representative having full authority to negotiate and settle the case on any terms at the conference. No later than seven (7) days before the mediation, counsel is requested to inform the mediator by email of the names and email address of planned participants. Each participant will receive an email with video instructions only they can use to participate in the conference. Please notify the Circuit Mediator if counsel does not receive an email or if additional participants should be added. Mediation statements shall be submitted to the Circuit Mediator via e-mail [Steven_Saltiel@ca9.uscourts.gov] on or before March 1, 2022 by 12:00 p.m...Participants should plan to spend the entire day engaged in meaningful settlement discussions and come prepared with thoughtful solutions to this dispute. It is recommended that counsel review with their clients the information contained in the Mediation Program web site: http://www.ca9.uscourts.gov/mediation. (SEE ORDER FOR FULL TEXT) [12358273] (JMR) [Entered: 02/02/2022 09:14 AM] |
| Filing 8 MEDIATION CONFERENCE RESCHEDULED - DIAL-IN AssessmentConference, 01/21/2022, 10:00 a.m. Pacific Time. (originally scheduled on 01/14/2022 ). [12322657] (VS) [Entered: 12/22/2021 09:40 AM] |
| Filing 7 MEDIATION CONFERENCE SCHEDULED - DIAL-IN AssessmentConference, 01/14/2022, 11:00 a.m., PACIFIC Time. The briefing schedule previously set by the court remains in effect. See order for instructions and details. [12321450] (VS) [Entered: 12/21/2021 08:50 AM] |
| Filing 6 MEDIATION ORDER FILED: By 12/20/2021, counsel to email Circuit Mediator regarding settlement potential. Include Ninth Circuit case name and number in subject line. This communication will be kept confidential, if requested, and should not be filed with the court. The existing briefing schedule remains in effect. SEE ORDER FOR DETAILS. [12307532] (CL) [Entered: 12/06/2021 04:47 PM] |
| Filing 5 Added Attorney(s) Brandon Leahy for party(s) Appellant Impossible Foods Inc., in case 21-16977. [12303145] (RR) [Entered: 12/01/2021 04:39 PM] |
| Filing 4 The Mediation Questionnaire for this case was filed on 12/01/2021. 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.[12302517]. [21-16977] (AD) [Entered: 12/01/2021 12:44 PM] |
| Filing 3 Filed (ECF) Appellant Impossible Foods Inc. Mediation Questionnaire. Date of service: 12/01/2021. [12302242] [21-16977] (Slafsky, John) [Entered: 12/01/2021 10:08 AM] |
| Filing 2 Filed (ECF) notice of appearance of Brandon P. Leahy (Wilson Sonsini Goodrich & Rosati, P.C., 650 Page Mill Road, Palo Alto, CA 94304-1050) for Appellant Impossible Foods Inc.. Date of service: 12/01/2021. (Party was previously proceeding with counsel.) [12302233] [21-16977] (Leahy, Brandon) [Entered: 12/01/2021 10:00 AM] |
| Filing 1 DOCKETED CAUSE AND ENTERED APPEARANCES OF COUNSEL. SEND MQ: Yes. The schedule is set as follows: Appellant Impossible Foods Inc. Mediation Questionnaire due on 12/01/2021. Transcript ordered by 12/22/2021. Transcript due 01/21/2022. Appellant Impossible Foods Inc. opening brief due 03/02/2022. Appellee Impossible X LLC answering brief due 04/01/2022. Appellant's optional reply brief is due 21 days after service of the answering brief. [12298025] (JBS) [Entered: 11/24/2021 02:47 PM] |
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