Stan Lee Media, Inc. v The Walt Disney Company

Lee sued Disney alleging copyright infringement in Marvel Comics characters. The district court granted judgment to Disney on res judicata grounds. The panel affirmed on different reasoning. It held that 9th Circuit had recently held Lee could not plausibly plead ownership of the copyrights at issue here. Thus, because Lee had a full opportunity to brief and argue the plausibility issue, was party in the 9th Circuit case, the issue has been adjudicated on the merits and the ownership issue is identical, Lee is collaterally estopped form pleading ownership. As ownership is essential to an infringement claim, the case was properly dismissed.

Tokoph v United Sates

Tokoph moved to expunge his youth offender fraud conviction. The district court denied his motion and the panel affirmed holding that under circuit precedent and United states Supreme Court dicta, a “set aside” conviction, like Tokoph’s, is not an expunged conviction and thus there is not statutory authority to expunge and under circuit precedent district courts have no equitable power to expunge set aside convictions.