Etison LLC v. HighLevel, Inc.

Appeal docketed. Received: 04/28/2025. [1085874]Entry of Appearance due 05/13/2025. Certificate of Interest is due on 05/13/2025. Docketing Statement due 05/13/2025. Appellant's brief is due 06/30/2025. [GWK] [Entered: 04/29/2025 03:18 PM]

2025-04-29

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Entry of Appearance for John M. Hintz; Kevin J. Culligan as counsel for Appellant Etison LLC. Service: 04/30/2025 by email. [1086043] [25-1711] This document is non-compliant. See Doc No. [5] [John Hintz] [Entered: 04/30/2025 10:38 AM]

2025-04-30

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Certificate of Interest for Appellant Etison LLC. Service: 04/30/2025 by email. [1086044] [25-1711] [John Hintz] [Entered: 04/30/2025 10:39 AM]

2025-04-30

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Docketing Statement for the Appellant Etison LLC. Service: 04/30/2025 by email. [1086045] [25-1711] [John Hintz] [Entered: 04/30/2025 10:39 AM]

2025-04-30

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NOTICE OF NON-COMPLIANCE: The submission of Appellant Etison LLC, Entry of Appearance [2], is not in compliance with the rules of this court (see attached). Compliant document due on 05/07/2025. Service as of this date by the Clerk of Court. [1086259] [GWK] [Entered: 04/30/2025 04:38 PM]

2025-04-30

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Corrected Entry of Appearance for John M. Hintz; Kevin J. Culligan as counsel for Appellant Etison LLC. Service: 05/01/2025 by email. [1086585] [25-1711] [John Hintz] [Entered: 05/01/2025 04:20 PM]

2025-05-01

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Entry of Appearance for Robert F. Shaffer; Timothy S. Durst; Jeffery D. Baxter; Khanh Leon as counsel for Appellee HighLevel, Inc.. Service: 05/13/2025 by email. [1089158] [25-1711] [Robert Shaffer] [Entered: 05/13/2025 01:58 PM]

2025-05-13

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Certificate of Interest for Appellee HighLevel, Inc.. Service: 05/13/2025 by email. [1089164] [25-1711] [Robert Shaffer] [Entered: 05/13/2025 02:02 PM]

2025-05-13

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Notice of Related Case Information for Appellee HighLevel, Inc.. Service: 05/13/2025 by email. [1089167] [25-1711] [Robert Shaffer] [Entered: 05/13/2025 02:06 PM]

2025-05-13

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Docketing Statement for the Appellee HighLevel, Inc.. Service: 05/13/2025 by email. [1089170] [25-1711] [Robert Shaffer] [Entered: 05/13/2025 02:12 PM]

2025-05-13

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MODIFIED ENTRY: OPENING BRIEF FILED by Appellant Etison LLC. Service: 06/26/2025 by email. Unless ordered otherwise, any responsive deadline runs from the date of service of this brief. See Fed. Cir. R. 31. [1098739] --[Edited 06/27/2025 by GWK - Reason: compliance review complete] [John Hintz] [Entered: 06/26/2025 12:47 PM]

2025-06-26

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Entry of Appearance for Jonathan Hacker as counsel for Appellee HighLevel, Inc.. Service: 07/24/2025 by email. [1104262] [25-1711] [Jonathan Hacker] [Entered: 07/24/2025 12:44 PM]

2025-07-24

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Amended Certificate of Interest for Appellee HighLevel, Inc.. Service: 07/24/2025 by email. [1104266] [25-1711] [Robert Shaffer] [Entered: 07/24/2025 12:55 PM]

2025-07-24

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MOTION of Appellee HighLevel, Inc. to expedite hearing. Service: 07/24/2025 by email. [1104399] [25-1711] [Robert Shaffer] [Entered: 07/24/2025 05:41 PM]

2025-07-24

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MODIFIED ENTRY: RESPONSE BRIEF FILED by Appellee HighLevel, Inc.. Service: 07/24/2025 by email. Unless ordered otherwise, any responsive deadline runs from the date of service of this brief. See Fed. Cir. R. 31. [1104403] --[Edited 07/25/2025 by GWK - Reason: compliance review complete] [Robert Shaffer] [Entered: 07/24/2025 05:56 PM]

2025-07-24

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Notice of Correction to Doc No. [14] for Appellee HighLevel, Inc.. Service: 07/25/2025 by email. [1104528] [25-1711] [Robert Shaffer] [Entered: 07/25/2025 12:39 PM]

2025-07-25

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MOTION of Appellee HighLevel, Inc. to expedite hearing. Service: 07/25/2025 by email. [1104538] [25-1711] [Robert Shaffer] [Entered: 07/25/2025 01:00 PM]

2025-07-25

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MODIFIED ENTRY: REPLY BRIEF FILED by Appellant Etison LLC. Service: 07/25/2025 by email. Unless ordered otherwise, any responsive deadline runs from the date of service of this brief. See Fed. Cir. R. 31. [1108344] --[Edited 08/20/2025 by GWK - Reason: compliance review complete] [John Hintz] [Entered: 08/14/2025 01:29 PM]

2025-08-14

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ORDER filed denying motion to expedite [14], [17]. Service as of this date by the Clerk of Court. [1108448] [NL] [Entered: 08/15/2025 09:34 AM]

2025-08-15

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MODIFIED ENTRY: APPENDIX FILED by Appellant Etison LLC. Service: 08/20/2025 by email. [1109402] --[Edited 08/20/2025 by GWK - Reason: compliance review complete] [John Hintz] [Entered: 08/20/2025 11:28 AM]

2025-08-20

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Outstanding paper copies of all briefs and appendices must be submitted within five business days from the date of issuance of this notice. See Fed. Cir. R. 25(c)(3)(A). [1109503] [GWK] [Entered: 08/20/2025 04:01 PM]

2025-08-20

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6 paper copies of Doc. No. [15] received from Appellee HighLevel, Inc. [1110241] [CDL] [Entered: 08/25/2025 12:08 PM]

2025-08-22

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6 paper copies of Doc. No. [11], [18], [20] received from Appellant Etison LLC. [1110885] [CDL] [Entered: 08/27/2025 11:15 AM]

2025-08-26

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Notice to Advise of Scheduling Conflicts. Arguing counsel must advise of, and show good cause for, any scheduling conflicts during the upcoming court session months listed in the attached notice. The Response to Notice to Advise of Scheduling Conflicts can be found here. The Oral Argument Guide can be found here. [1120486] [GWK] [Entered: 10/10/2025 10:18 AM]

2025-10-10

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Notice from Appellant Etison LLC regarding conflicts with oral argument. Service: 10/14/2025 by email. [1120838] [25-1711] [John Hintz] [Entered: 10/14/2025 12:08 PM]

2025-10-14

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Notice from Appellee HighLevel, Inc. regarding conflicts with oral argument. Service: 10/14/2025 by email. [1120869] [25-1711] [Robert Shaffer] [Entered: 10/14/2025 01:49 PM]

2025-10-14

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The following conflict dates submitted by Robert Shaffer for HighLevel, Inc. have been accepted by the court: 12/01/2025, 12/02/2025, 02/02/2026, 02/03/2026, 02/04/2026, 02/05/2026, 02/06/2026. [1121117] [MJL] [Entered: 10/15/2025 10:12 AM]

2025-10-15

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Amended Entry of Appearance for John M. Hintz; Kevin J. Culligan as counsel for Appellant Etison LLC. Service: 01/08/2026 by email. [1139281] [25-1711] This document is non-compliant. See Doc No. [29] [John Hintz] [Entered: 01/08/2026 11:06 AM]

2026-01-08

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NOTICE OF NON-COMPLIANCE: The submission of Appellant Etison LLC, Entry of Appearance [28], is not in compliance with the rules of this court (see attached). Compliant document due on 01/20/2026. Service as of this date by the Clerk of Court. [1140033] [GWK] [Entered: 01/12/2026 04:17 PM]

2026-01-12

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Corrected Entry of Appearance for John M. Hintz; Kevin J. Culligan as counsel for Appellant Etison LLC. Service: 01/14/2026 by email. [1140584] [25-1711] [John Hintz] [Entered: 01/14/2026 12:13 PM]

2026-01-14

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Corrected Entry of Appearance for John M. Hintz; Kevin J. Culligan as counsel for Appellant Etison LLC. Service: 01/30/2026 by email. [1144135] [25-1711] [John Hintz] [Entered: 01/30/2026 02:20 PM]

2026-01-30

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Notice to Advise of Scheduling Conflicts. Arguing counsel must advise of, and show good cause for, any scheduling conflicts during the upcoming court session months listed in the attached notice. The Response to Notice to Advise of Scheduling Conflicts can be found here. The Oral Argument Guide can be found here. [1156460] [MJL] [Entered: 03/31/2026 09:45 AM]

2026-03-31

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Notice from Appellant Etison LLC regarding conflicts with oral argument. Service: 04/03/2026 by email. [1157448] [25-1711] [John Hintz] [Entered: 04/03/2026 12:49 PM]

2026-04-03

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Notice from Appellee HighLevel, Inc. regarding conflicts with oral argument. Service: 04/03/2026 by email. [1157484] [25-1711] [Robert Shaffer] [Entered: 04/03/2026 01:34 PM]

2026-04-03

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The following conflict dates submitted by Robert Shaffer for HighLevel, Inc. have been accepted by the court: 08/03/2026, 08/04/2026, 08/05/2026, 08/06/2026. The following requested date falls outside the court's scheduled sessions and is therefore no accepted: 08/02/2026. [1157525] [MJL] [Entered: 04/03/2026 02:13 PM]

2026-04-03

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NOTICE OF ORAL ARGUMENT. Panel: 2606F. Case scheduled June 3, 2026. Response to Notice of Oral Argument due: 05/05/2026. Please review the attached Notice. The response to notice of oral argument form can be found here. The Oral Argument Guide can be found here. Service as of this date by the Clerk of Court. [1161479] [MVH] [Entered: 04/21/2026 04:30 PM]

2026-04-21

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Response to notice of oral argument from Appellee HighLevel, Inc.. Service: 04/23/2026 by email. [1162168] [25-1711] [Robert Shaffer] [Entered: 04/23/2026 05:06 PM]

2026-04-23

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Response to notice of oral argument from Appellant Etison LLC. Service: 04/24/2026 by email. [1162315] [25-1711] [John Hintz] [Entered: 04/24/2026 10:29 AM]

2026-04-24

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MOTION of Appellee HighLevel, Inc. for leave to file entry of appearance for Brooke M. Wilner. Service: 05/05/2026 by email. [1165024] [25-1711] [Robert Shaffer] [Entered: 05/05/2026 07:33 PM]

2026-05-05

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Amended Certificate of Interest for Appellee HighLevel, Inc.. Service: 05/05/2026 by email. [1165025] [25-1711] [Robert Shaffer] [Entered: 05/05/2026 07:38 PM]

2026-05-05

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ORDER filed granting motion for leave for Brooke M. Wilner to appear as counsel [39] filed by Appellee HighLevel, Inc. By: Merits Panel (Per Curiam). Service as of this date by the Clerk of Court. [1165662] [MVH] [Entered: 05/07/2026 04:16 PM]

2026-05-07

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Entry of Appearance for Brooke M. Wilner as counsel for Appellant Etison LLC. Service: 05/05/2026 by email. [1165665] [MVH] [Entered: 05/07/2026 04:18 PM]

2026-05-07

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Submitted after ORAL ARGUMENT to Panel: Lourie, Circuit Judge; Cunningham, Circuit Judge and Stark, Circuit Judge.Arguing counsel: John Hintz for Etison LLC and Robert Shaffer for HighLevel, Inc.Oral Argument Audio available here. [1171380] [MJL] [Entered: 06/03/2026 03:12 PM]

2026-06-03

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OPINION filed for the court by Lourie, Circuit Judge; Cunningham, Circuit Judge and Stark, Circuit Judge. Nonprecedential Opinion. Service as of this date by the Clerk of Court. [1177265] [MVH] [Entered: 07/02/2026 10:24 AM]

2026-07-02

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JUDGMENT. AFFIRMED. Terminated on the merits after oral argument. COSTS: Costs taxed against Appellant(s). Mandate to issue in due course. For information regarding costs, petitions for rehearing, and petitions for writs of certiorari click here. Service as of this date by the Clerk of Court. [1177267] [MVH] [Entered: 07/02/2026 10:26 AM]

2026-07-02

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Overview

Parties

Defendant - Appellee

HIGHLEVEL, INC. Follow

Represented By

Plaintiff - Appellant

ETISON LLC, d/b/a ClickFunnels Follow

Represented By

Court & Judges

Patents Involved

Docket Entries

Appeal docketed. Received: 04/28/2025. [1085874]Entry of Appearance due 05/13/2025. Certificate of Interest is due on 05/13/2025. Docketing Statement due 05/13/2025. Appellant's brief is due 06/30/2025. [GWK] [Entered: 04/29/2025 03:18 PM]

Entry of Appearance for John M. Hintz; Kevin J. Culligan as counsel for Appellant Etison LLC. Service: 04/30/2025 by email. [1086043] [25-1711] This document is non-compliant. See Doc No. [5] [John Hintz] [Entered: 04/30/2025 10:38 AM]

Certificate of Interest for Appellant Etison LLC. Service: 04/30/2025 by email. [1086044] [25-1711] [John Hintz] [Entered: 04/30/2025 10:39 AM]

Docketing Statement for the Appellant Etison LLC. Service: 04/30/2025 by email. [1086045] [25-1711] [John Hintz] [Entered: 04/30/2025 10:39 AM]

NOTICE OF NON-COMPLIANCE: The submission of Appellant Etison LLC, Entry of Appearance [2], is not in compliance with the rules of this court (see attached). Compliant document due on 05/07/2025. Service as of this date by the Clerk of Court. [1086259] [GWK] [Entered: 04/30/2025 04:38 PM]

Corrected Entry of Appearance for John M. Hintz; Kevin J. Culligan as counsel for Appellant Etison LLC. Service: 05/01/2025 by email. [1086585] [25-1711] [John Hintz] [Entered: 05/01/2025 04:20 PM]

Entry of Appearance for Robert F. Shaffer; Timothy S. Durst; Jeffery D. Baxter; Khanh Leon as counsel for Appellee HighLevel, Inc.. Service: 05/13/2025 by email. [1089158] [25-1711] [Robert Shaffer] [Entered: 05/13/2025 01:58 PM]

Certificate of Interest for Appellee HighLevel, Inc.. Service: 05/13/2025 by email. [1089164] [25-1711] [Robert Shaffer] [Entered: 05/13/2025 02:02 PM]

Notice of Related Case Information for Appellee HighLevel, Inc.. Service: 05/13/2025 by email. [1089167] [25-1711] [Robert Shaffer] [Entered: 05/13/2025 02:06 PM]

Docketing Statement for the Appellee HighLevel, Inc.. Service: 05/13/2025 by email. [1089170] [25-1711] [Robert Shaffer] [Entered: 05/13/2025 02:12 PM]

Entry of Appearance for Jonathan Hacker as counsel for Appellee HighLevel, Inc.. Service: 07/24/2025 by email. [1104262] [25-1711] [Jonathan Hacker] [Entered: 07/24/2025 12:44 PM]

Amended Certificate of Interest for Appellee HighLevel, Inc.. Service: 07/24/2025 by email. [1104266] [25-1711] [Robert Shaffer] [Entered: 07/24/2025 12:55 PM]

MOTION of Appellee HighLevel, Inc. to expedite hearing. Service: 07/24/2025 by email. [1104399] [25-1711] [Robert Shaffer] [Entered: 07/24/2025 05:41 PM]

Notice of Correction to Doc No. [14] for Appellee HighLevel, Inc.. Service: 07/25/2025 by email. [1104528] [25-1711] [Robert Shaffer] [Entered: 07/25/2025 12:39 PM]

MOTION of Appellee HighLevel, Inc. to expedite hearing. Service: 07/25/2025 by email. [1104538] [25-1711] [Robert Shaffer] [Entered: 07/25/2025 01:00 PM]

ORDER filed denying motion to expedite [14], [17]. Service as of this date by the Clerk of Court. [1108448] [NL] [Entered: 08/15/2025 09:34 AM]

MODIFIED ENTRY: APPENDIX FILED by Appellant Etison LLC. Service: 08/20/2025 by email. [1109402] --[Edited 08/20/2025 by GWK - Reason: compliance review complete] [John Hintz] [Entered: 08/20/2025 11:28 AM]

Outstanding paper copies of all briefs and appendices must be submitted within five business days from the date of issuance of this notice. See Fed. Cir. R. 25(c)(3)(A). [1109503] [GWK] [Entered: 08/20/2025 04:01 PM]

6 paper copies of Doc. No. [15] received from Appellee HighLevel, Inc. [1110241] [CDL] [Entered: 08/25/2025 12:08 PM]

6 paper copies of Doc. No. [11], [18], [20] received from Appellant Etison LLC. [1110885] [CDL] [Entered: 08/27/2025 11:15 AM]

Notice from Appellant Etison LLC regarding conflicts with oral argument. Service: 10/14/2025 by email. [1120838] [25-1711] [John Hintz] [Entered: 10/14/2025 12:08 PM]

Notice from Appellee HighLevel, Inc. regarding conflicts with oral argument. Service: 10/14/2025 by email. [1120869] [25-1711] [Robert Shaffer] [Entered: 10/14/2025 01:49 PM]

The following conflict dates submitted by Robert Shaffer for HighLevel, Inc. have been accepted by the court: 12/01/2025, 12/02/2025, 02/02/2026, 02/03/2026, 02/04/2026, 02/05/2026, 02/06/2026. [1121117] [MJL] [Entered: 10/15/2025 10:12 AM]

Amended Entry of Appearance for John M. Hintz; Kevin J. Culligan as counsel for Appellant Etison LLC. Service: 01/08/2026 by email. [1139281] [25-1711] This document is non-compliant. See Doc No. [29] [John Hintz] [Entered: 01/08/2026 11:06 AM]

NOTICE OF NON-COMPLIANCE: The submission of Appellant Etison LLC, Entry of Appearance [28], is not in compliance with the rules of this court (see attached). Compliant document due on 01/20/2026. Service as of this date by the Clerk of Court. [1140033] [GWK] [Entered: 01/12/2026 04:17 PM]

Corrected Entry of Appearance for John M. Hintz; Kevin J. Culligan as counsel for Appellant Etison LLC. Service: 01/14/2026 by email. [1140584] [25-1711] [John Hintz] [Entered: 01/14/2026 12:13 PM]

Corrected Entry of Appearance for John M. Hintz; Kevin J. Culligan as counsel for Appellant Etison LLC. Service: 01/30/2026 by email. [1144135] [25-1711] [John Hintz] [Entered: 01/30/2026 02:20 PM]

Notice from Appellant Etison LLC regarding conflicts with oral argument. Service: 04/03/2026 by email. [1157448] [25-1711] [John Hintz] [Entered: 04/03/2026 12:49 PM]

Notice from Appellee HighLevel, Inc. regarding conflicts with oral argument. Service: 04/03/2026 by email. [1157484] [25-1711] [Robert Shaffer] [Entered: 04/03/2026 01:34 PM]

Response to notice of oral argument from Appellee HighLevel, Inc.. Service: 04/23/2026 by email. [1162168] [25-1711] [Robert Shaffer] [Entered: 04/23/2026 05:06 PM]

Response to notice of oral argument from Appellant Etison LLC. Service: 04/24/2026 by email. [1162315] [25-1711] [John Hintz] [Entered: 04/24/2026 10:29 AM]

MOTION of Appellee HighLevel, Inc. for leave to file entry of appearance for Brooke M. Wilner. Service: 05/05/2026 by email. [1165024] [25-1711] [Robert Shaffer] [Entered: 05/05/2026 07:33 PM]

Amended Certificate of Interest for Appellee HighLevel, Inc.. Service: 05/05/2026 by email. [1165025] [25-1711] [Robert Shaffer] [Entered: 05/05/2026 07:38 PM]

ORDER filed granting motion for leave for Brooke M. Wilner to appear as counsel [39] filed by Appellee HighLevel, Inc. By: Merits Panel (Per Curiam). Service as of this date by the Clerk of Court. [1165662] [MVH] [Entered: 05/07/2026 04:16 PM]

Entry of Appearance for Brooke M. Wilner as counsel for Appellant Etison LLC. Service: 05/05/2026 by email. [1165665] [MVH] [Entered: 05/07/2026 04:18 PM]

Submitted after ORAL ARGUMENT to Panel: Lourie, Circuit Judge; Cunningham, Circuit Judge and Stark, Circuit Judge.Arguing counsel: John Hintz for Etison LLC and Robert Shaffer for HighLevel, Inc.Oral Argument Audio available here. [1171380] [MJL] [Entered: 06/03/2026 03:12 PM]

OPINION filed for the court by Lourie, Circuit Judge; Cunningham, Circuit Judge and Stark, Circuit Judge. Nonprecedential Opinion. Service as of this date by the Clerk of Court. [1177265] [MVH] [Entered: 07/02/2026 10:24 AM]

Track Case Updates

HIGHLEVEL, INC.

ETISON LLC, d/b/a ClickFunnels