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INHALE, INC. v. STARBUZZ TOBACCO, INC.

No. 12-56331.

755 F.3d 1038 (2014)

INHALE, INC., a California Corporation, Plaintiff-Appellant, v. STARBUZZ TOBACCO, INC., a California Corporation; Wael Salim Elhalawani, an individual residing in California, Defendants-Appellees.

United States Court of Appeals, Ninth Circuit.

Filed January 9, 2014.

Amended June 3, 2014.

Amended July 9, 2014.

Attorney(s) appearing for the Case

Louis F. Teran , SLC Law Group, Pasadena, CA, argued the cause and filed the briefs for Plaintiff-Appellant.

Natu J. Patel , The Patel Law Firm, P.C., Irvine, CA, argued the cause and filed the brief for Defendants-Appellees.

Before: DIARMUID F. O'SCANNLAIN, SUSAN P. GRABER, and CARLOS T. BEA, Circuit Judges.

Opinion by Judge O'SCANNLAIN; Concurrence by Judge BEA.

ORDER

The opinion filed January 9, 2014, and published at 739 F.3d 446, is amended as follows:

On slip opinion page 8, after <is not copyrightable.3> and before the beginning of Part III, add the following as a new paragraph:

<In summary, we hold that any part of a container that merely accomplishes the containing is not copyrightable. We...

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