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D-BEAM LTD. PARTNERSHIP v. ROLLER DERBY SKATES

No. 01-56007.

366 F.3d 972 (2004)

D-BEAM LIMITED PARTNERSHIP, personally and sole General Partner, Inclusive, Plaintiff, and Brian Lee Evans, personally, Plaintiff-Appellant, v. ROLLER DERBY SKATES, INC; John Does Entities, 1-5 inclusive, Defendants-Appellees.

United States Court of Appeals, Ninth Circuit.

Filed May 6, 2004.

Attorney(s) appearing for the Case

Michael Sacksteder and Kohi Nguyen, Court Appointed Pro Bono Counsel, Fenwick & West LLP, Mountain View, CA; Brian Lee Evans, Pro Se, Newport Beach, CA, for the plaintiffs-appellants.

Karin D. Vogel and Polly Towill, Sheppard, Mullin, Richter, & Hampton LLP, San Diego, CA; Richard H. Chapman, FagelHaber LLC, Chicago, IL, for the defendant-appellee.

Before HALL, TROTT, and CALLAHAN, Circuit Judges.

TROTT, Circuit Judge.

Brian Evans invented a "Solid State Skate Truck" designed to be incorporated into roller skates and skateboards. Patents were secured by D-Beam, a California limited partnership of which Evans is the general partner and majority owner. D-Beam licensed the patents to Roller Derby, an Illinois corporation. Roller Derby twice loaned Evans money pursuant to promissory notes that were repayable out of his share of D-Beam's royalty payments.

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