NOT FOR PUBLICATION FILED
UNITED STATES COURT OF APPEALS AUG 7 2020
MOLLY C. DWYER, CLERK
U.S. COURT OF APPEALS
FOR THE NINTH CIRCUIT
MIDLAND INNOVATIONS, NV, No. 19-15277
Plaintiff-Appellee, D.C. No. 4:07-mc-80257-CW
v.
MEMORANDUM*
WEN WANG,
Defendant-Appellant,
and
WEILAND INTERNATIONAL INC.,
Defendant,
WEIPING CHEN; HONGDI REN,
Real-party-in-interest.
MIDLAND INNOVATIONS, NV, No. 19-17391
Plaintiff-Appellee, D.C. No. 4:07-mc-80257-CW
v.
WEN WANG,
Defendant-Appellant,
* This disposition is not appropriate for publication and is not precedent
except as provided by Ninth Circuit Rule 36-3.
and
WEILAND INTERNATIONAL INC.,
Defendant.
Appeals from the United States District Court
for the Northern District of California
Claudia Wilken, District Judge, Presiding
Submitted August 5, 2020**
Before: SCHROEDER, HAWKINS, and LEE, Circuit Judges.
In these consolidated appeals, Wen Wang appeals pro se from the district
court’s orders denying his post-judgment motions seeking to vacate a judgment in
Midland Innovations, NV’s (“Midland”) patent infringement action filed in the
Southern District of New York. We have jurisdiction under 28 U.S.C. § 1291. We
review de novo a district court’s order denying a motion to vacate a judgment
under Federal Rule of Civil Procedure 60(b)(4). Fid. Nat. Fin., Inc. v. Friedman,
803 F.3d 999, 1001 (9th Cir. 2015). We review for an abuse of discretion the
district court’s denial of a Federal Rule of Civil Procedure 62.1 motion, serving as
a denial of a Rule 60(b) motion on the merits. See Fed. R. Civ. P. 62.1(a)(2);
United States v. Asarco, Inc., 430 F.3d 972, 978 (9th Cir. 2005). We affirm.
** The panel unanimously concludes these cases are suitable for decision
without oral argument. See Fed. R. App. P. 34(a)(2).
2 19-15277
19-17391
The district court properly denied Wang’s motion to vacate the default
judgment under Rule 60(b)(4) because Wang failed to demonstrate any basis for
such relief. See United Student Aid Funds, Inc. v. Espinosa, 559 U.S. 260, 271
(2010) (Rule 60(b)(4) applies only in the “rare instance” where a judgment is
premised on a certain type of jurisdictional error or on a deprivation of a party’s
notice or opportunity to be heard; relief based on a jurisdictional defect is reserved
“only for the exceptional case in which the court that rendered judgment lacked
even an ‘arguable basis’ for jurisdiction” (citations omitted)).
To the extent Wang sought relief under Rule 60(d)(3), the district court did
not abuse its discretion by denying Wang’s motion because Wang failed to
establish by clear and convincing evidence that Midland committed a “fraud on the
court.” United States v. Estate of Stonehill, 660 F.3d 415, 443-45 (9th Cir. 2011)
(standard of review and Rule 60(d)(3) requirements).
The district court did not abuse its discretion in denying on the merits
Wang’s motion for an indicative ruling because Wang failed to demonstrate any
basis for such relief. See Fed. R. Civ. P. 62.1(a)(2); see also Casey v. Albertson’s
Inc., 362 F.3d 1254, 1260 (9th Cir. 2004) (Rule 60(b)(3) requirements); Coastal
Transfer Co. v. Toyota Motor Sales, U.S.A., 833 F.2d 208, 211 (9th Cir. 1987)
(Rule 60(b)(2) requirements).
We rejected as unsupported by the record Wang’s contentions regarding the
3 19-15277
19-17391
district court’s consideration of the parties’ evidence.
We do not consider matters not specifically and distinctly raised and argued
in the opening brief. See Padgett v. Wright, 587 F.3d 983, 985 n.2 (9th Cir. 2009).
Wang’s motions for judicial notice and opposed evidentiary objection are
denied.
AFFIRMED.
4 19-15277
19-17391