Classic Concepts, Inc. v. Linen Source, Inc.
716 F.3d 1282
| 9th Cir. | 2013Background
- Classic sued Hellenic Rug Imports and Linen Source for copyright infringement of the Diamond Kilim design.
- A jury found infringement and awarded Classic $15,443 total damages on August 23, 2007.
- The district court entered judgments on September 28, 2007, separately against Linen Source ($878) and Hellenic ($15,443 total) with prejudgment interest.
- Defendants moved for judgment as a matter of law (Rule 50(b)) and for a new trial (Rule 59), which the district court denied on October 30, 2007.
- Classic sought a permanent injunction; the district court treated it as a Rule 60(b) motion for reconsideration and denied it on December 4, 2007.
- Classic filed a notice of appeal on December 13, 2007, which the Ninth Circuit later dismissed as untimely.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Is Classic's December 13, 2007 notice of appeal timely? | Timely due to tolling by pending motions. | Untimely; tolling did not apply to Rule 50(b)/59/60 motions under the 2007 rules. | Untimely; appeal dismissed. |
| Did Classic's motion for a permanent injunction toll the appeal deadline? | Motion tolled the time to appeal. | Motion did not toll; untimely post-judgment motion. | No tolling; untimely appeal. |
| Did Rule 4(a)(4) tolling apply to the 2007 motions? | Rule 4(a)(4) tolls for timely motions. | Motions were untimely; tolling ineffective. | Not applicable; timely tolling not achieved. |
| Is the September 28, 2007 Judgment final and appealable despite injunctive relief issues? | Injunctive relief unresolved; judgment not final. | Judgment ended merits litigation; final and appealable. | Final on merits; appealable without injunctive relief addressed. |
| Did Classic waive its Rule 60(b) appeal rights by not briefing it on appeal? | Waiver not applicable; timely issues discussed otherwise. | Waiver due to failure to raise Rule 60(b) ruling in briefing. | Waiver; Rule 60(b) issue not preserved. |
Key Cases Cited
- Reid Prods., Inc. v. Westport Ins. Corp., 400 F.3d 1118 (9th Cir. 2005) (late Rule 60(b) motion cannot toll appeal deadline)
- Catz v. Chalker, 566 F.3d 839 (9th Cir. 2009) (Rule 60 motion must be filed within ten days of judgment to toll appeal time)
- Tillman v. Ass’n of Apartment Owners of Ewa Apartments, 234 F.3d 1087 (9th Cir. 2000) (timely appeal requires timely notice; tolling analysis)
- Wages v. IRS, 915 F.2d 1230 (9th Cir. 1990) (untimely post-trial motion does not toll appeal)