Cardiovascular Systems, Inc. v. Cardio Flow, Inc.

Cardiovascular Systems, Inc. (“CSI”) brought this action against Cardio Flow, Inc. (“Cardio Flow”), alleging the breach of a settlement agreement that resolved ownership of intellectual property rights related to atherectomy devices. Cardio Flow was not a named party to the... Read more →

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Claudio De Simone v. VSL Pharmaceuticals, Inc.

VSL Pharmaceuticals, Inc. and Alfasigma USA, Inc. appeal the district court’s order finding them in contempt of the court’s permanent injunction. The injunction prohibited VSL and Alfasigma from suggesting in promotional materials that their probiotic contained the same formulation as... Read more →

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NOCO Co. v. OJ Commerce, LLC

NOCO Company manufactures and sells battery chargers and related products. Although it sells these products itself, NOCO also authorizes resellers if they sign an agreement. This dispute began when NOCO discovered that OJ Commerce (OJC) was selling NOCO’s products on... Read more →

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Wildhawk Investments, LLC v. Brava I.P., LLC

Wildhawk Investments, LLC (“Wildhawk”) initiated this breach of contract action against Brava I.P., LLC (“Brava I.P.”), Paragon Roof Systems, LLC (“Paragon”), and Billibob Boor (collectively, “Paragon Defendants”) for producing composite roofing shingles contrary to an exclusive license agreement. The district... Read more →

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Molson Coors Beverage Co. v. Anheuser-Busch Companies, LLC

The judgment is affirmed to the extent that it denies Molson Coors’s request for an injunction (and is challenged in Molson Coors’s two appeals) and reversed to the extent that the Bud Light advertising or packaging has been enjoined (and... Read more →

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Vetter v. McAtee

A jury trial on several claims and counter-claims, including trademark infringement and breach of partnership agreement, resulted in judgments adverse to both parties. They have now appealed and cross-appealed citing several errors that they believe the trial court committed. We... Read more →

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BWP Media USA v. Clarity Digital Group

Plaintiff-Appellant BWP Media USA, Inc. d/b/a Pacific Coast News and National Photo Group, LLC (“BWP”) appeals from the district court’s summary judgment in favor of Defendant-Appellee Clarity Digital Group, LLC n/k/a AXS Digital Media Group, LLC (“AXS”). See BWP Media... Read more →

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Hanover Ins. Co v. Urban Outfitters Inc

Risk is a concept with which we are intimately acquainted.36 Those who wager correctly are rewarded and those who guess wrong suffer losses. The purpose of insurance is to disperse that risk. But “[a]n insured cannot insure against something that... Read more →

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Selective Ins. Co. v. Smart Candle, LLC

Smart Candle, LLC, sells light-emitting diode (LED) flameless candles and commercial lighting systems internationally. On October 31, 2011, Excell Consumer Products sued Smart Candle under the LanhamAct alleging that, among other things, Smart Candle’s use of the trade name and... Read more →

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Ellington v. EMI Music, Inc.

In this breach of contract action, we have been asked to interpret the terms of a royalty provision contained in a 1961 United States copyright renewal Agreement between the legendary Edward Kennedy "Duke" Ellington (Duke Ellington)and Mills Music, Inc. (now... Read more →

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