DANIELS HEALTH SCIENCES v. VASCULAR HEALTH

No. 12-20599.

710 F.3d 579 (2013)

DANIELS HEALTH SCIENCES, L.L.C., Plaintiff-Appellee v. VASCULAR HEALTH SCIENCES, L.L.C., Defendant-Appellant.

United States Court of Appeals, Fifth Circuit.

March 5, 2013.


Attorney(s) appearing for the Case

Jared Gregory LeBlanc , John E. Chapoton, Jr. , Leif A. Olson , Welsh & Chapoton L.L.P., Houston, TX, for Plaintiff-Appellee.

Douglas Ron Wilson , Austin, TX, Nathan James Davis , Micah John Howe , Miranda Yan Jones , Leslie V. Payne , Heim, Payne & Chorush, L.L.P., Houston, TX, for Defendant-Appellant.

Before WIENER, CLEMENT, and PRADO, Circuit Judges.


EDITH BROWN CLEMENT, Circuit Judge:

This dispute arises from the marketing and sale of the cardiovascular health drug Arterosil. Daniels Health Sciences ("DHS") engaged Vascular Health Sciences ("VHS") to market and sell the drug Provasca. After that relationship ended, VHS began to manufacture, market, and sell Arterosil, a product similar in many respects to Provasca. DHS sued VHS for misappropriation of trade secrets, breach of contract, and trademark violations...

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