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KARL STORZ ENDOSCOPY-AMERICA v. SURGICAL TECH.

No. 00-55147.

285 F.3d 848 (2002)

KARL STORZ ENDOSCOPY-AMERICA, INC., a California corporation, Plaintiff-Appellant, v. SURGICAL TECHNOLOGIES, INC., a Florida corporation, dba Surgi-Tech; Pacific Medical Repair, a sole proprietorship, Defendants-Appellees.

United States Court of Appeals, Ninth Circuit.

Filed April 4, 2002.

Attorney(s) appearing for the Case

Mark R. Kravitz, Wiggin & Dana, New Haven, Connecticut, for the plaintiff-appellant.

G. Dale Britton, Klinedinst, Fliehman & McKillop, San Diego, California; John Evan Edwards, John & Edwards LLP, San Diego, California, for the defendants-appellees.

Before KOZINSKI and SIDNEY R. THOMAS, Circuit Judges, and RONALD M. WHYTE, District Judge.

OPINION

WHYTE, District Judge.

Appellant Karl Storz Endoscopy-America, Inc. ("Storz") appeals the district court's grant of summary judgment to appellees Surgical Technologies, Inc. ("Surgi-Tech") and Pacific Medical Repair ("Pacific") on Storz's trademark infringement claims.1 Storz contends that the district court erred in determining that Surgi-Tech's repair and refurbishment of Storz's rigid endoscopes, and Pacific's solicitation...

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