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In an unpublished memo decision Monday, the U.S. Court of Appeals for the Ninth Circuit reversed a summary judgment order in favor of Luckey and Oculus and kicked the case,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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