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Palmer Luckey, co-founder of Oculus VR Inc. and creator of the Oculus Rift, demonstrates the new Oculus Rift headset during the "Step Into The Rift" event in San Francisco, California, U.S., on Thursday, June 11, 2015. Facebook Inc.'s Oculus virtual-reality headsets will work with Microsoft Corp.'s Windows 10 and use the software maker's wireless Xbox game controller. Photographer: David Paul Morris/Bloomberg Palmer Luckey, co-founder of Oculus VR Inc. and creator of the Oculus Rift, demonstrates the new Oculus Rift headset during the “Step Into The Rift” event in San Francisco, California, on June 11, 2015. Photographer: David Paul Morris/Bloomberg

Oculus VR founder Palmer Luckey is set to go to trial over allegations that he wrongly passed off the company’s virtual reality headset as his own invention, after a federal appeals court ruling.

In an unpublished memo decision Monday, the U.S. Court of Appeals for the Ninth Circuit reversed a summary judgment order in favor of Luckey and Oculus and kicked the case, which is now poised to go to trial, back to the U.S. District Court for the Northern District of California. The ruling marks a win for Quinn Emanuel Urquhart & Sullivan attorneys Robert Stone and Brian Cannon in Redwood City, California, who represented plaintiff-appellant Total Recall Technologies.

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Alaina Lancaster

Alaina Lancaster, based in San Francisco, covers disruptive trends and technologies shaping the future of law. She authors the weekly legal futurist newsletter What's Next. Contact her at [email protected]. On Twitter: @a_lancaster3

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