· 8/5/2014
Lenox MacLaren Surgical Corp. v. Medtronic, Inc.
Citations
- 762 F.3d 1114
- 2014 WL 3827670
- 2014 U.S. App. LEXIS 15049
How courts have described this case
Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.
- explaining that issues that are not adequately briefed will not be considered on appeal
- observing that the “stringent trade- disparagement test” “presumes that trade disparagement bears only a de minimis effect on competition,” assuming certain factors are not met, including that the disparagement was “clearly false”
- noting that issues not adequately briefed will not be considered on appeal
- applying, without adopting, the six-factor rebuttable presumption and holding that Lenox created a question of material fact regarding three of the factors
- declining to consider argument made during oral argument when it had not been adequately briefed
- AThe differing definitions create a fact question on the product market, precluding summary judgment. A
Source: CourtListener parenthetical corpus (CC0).
Judges: Holmes, McKay, Bacharach
Read full opinion on CourtListenerSourced from CourtListener / Free Law Project (CC0).
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