As they indicated at a recent hearing, the Kadrey plaintiffs are asking Judge Chhabria to certify a part of his June 2025 partial summary judgment order. At the hearing, Judge Chhabria said they can file a motion and he’d consider it, but cautioned that the 9th Circuit seldom grants interlocutory appeal.
Kadrey presents this question for certification:
Kadrey is not seeking an interlocutory appeal of Judge Chhabria’s ruling that Kadrey failed to raise a genuine issue of material fact to support a copyright dilution theory of market harm. Kadrey, however, said it reserves the right to appeal that issue later:
In a prior filing, Meta had indicated it opposes such a motion now, given the ongoing litigation in Kadrey and related cases (Entrepreneur Media, Cambronne, Chicken Soup, and Cognella.
Kadrey’s motion indicates: ” Meta advised that it ‘maintains its prior position that it does not agree to the Plaintiffs’ request. Meta intends to file a response to Plaintiffs’ motion and to the extent Meta opposes the requested relief, Meta will explain the basis for its opposition in that response.”
DOWNLOAD KADREY’S MOTION (CORRECTED on JUNE 9, 2026)
Excerpt of Kadrey’s brief:
