Lifevoxel Virginia Spv, LLC v. lifevoxel.ai, Inc.
CourtCourt of Appeals for the Ninth Circuit
Date FiledJune 17, 2026
Docket25-613
StatusPublished
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Full Opinion
FOR PUBLICATION FILED
UNITED STATES COURT OF APPEALS JUN 17 2026
MOLLY C. DWYER, CLERK
U.S. COURT OF APPEALS
FOR THE NINTH CIRCUIT
LIFEVOXEL VIRGINIA SPV, LLC, an No. 25-613
individual; SCOTT MARSCHALL; D.C. No.
DEBBIE GALLO; KEVIN SINAGRA; 3:22-cv-01917-GPC-MMP
SCOTT POOLE; PETER BERSHATSKY, Southern District of California,
San Diego
Plaintiffs - Appellants,
ORDER
v.
LIFEVOXEL.AI, INC., a Delaware
corporation; KOVEY KOVALAN; LINH
LE, an individual,
Defendants - Appellees.
Before: Kim McLane Wardlaw, John B. Owens, Ana de Alba, Circuit Judges.
Amici are invited to submit letter briefs, not to exceed 7,000 words, in
response to one or both of the following topics:
1. Whether and how SAFE Notes can be valued before the occurrence of
a conversion event, including any industry-standard valuation methods for
outstanding SAFE Notes.
2. Whether the district court erred by concluding that, in the context of a
§ 10(b) claim, a plaintiff must “plead[] that a conversion event is impossible” to
establish the required element of loss causation “in the context of a SAFE Note
investment.” See LifeVoxel Virginia SPV, LLC v. Lifevoxel.AI, Inc., 2024 WL
5264872, at *6–7 (S.D. Cal. Dec. 30, 2024).
Briefing should be submitted no later than July 10, 2026, and must comply
with Fed. R. App. P. 29.
IT IS SO ORDERED.
2 25-613