Firm Secures Ninth Circuit Affirmance for Major Medical Device Manufacturer in False Advertising Suit

October 13, 2021

On Thursday, October 7, the Firm secured a significant victory for our client, a major medical device manufacturer, when the U.S. Court of Appeals for the Ninth Circuit affirmed October 21, 2019 and August 17, 2020 decisions issued by the U.S. District Court for the Southern District of California, granting our client two summary judgment wins in a false advertising dispute. In this suit, a competitor had accused our client of deceptively advertising the performance capabilities of its Graves’ disease test. The District Court granted in part our client’s first motion for summary judgment in 2019. In 2020, the District Court then disposed of the case by granting a successive motion for summary judgment, because the plaintiff failed to prove it “suffered damages,” was not “entitled to a presumption of injury,” and could not satisfy “the elements for a permanent injunction.” In the Ninth Circuit, the majority opinion affirmed the District Court’s decision stating, "there is no direct evidence in the record for which a reasonable juror could find that [our client’s] allegedly false statements were material to the decision-making processes of the two laboratory customers…The record shows that [our client] did not engage in false advertising to the physicians, comparative or otherwise.”

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