OPTIVUS TECHNOLOGY v. ION BEAM APPLICATIONS

Nos. 05-1518, 05-1534, 05-1575.

469 F.3d 978 (2006)

OPTIVUS TECHNOLOGY, INC., Plaintiff-Appellant, and Loma Linda University Medical Center, Plaintiff-Appellant, v. ION BEAM APPLICATIONS S.A., Defendant-Cross Appellant.

United States Court of Appeals, Federal Circuit.

November 16, 2006.


Attorney(s) appearing for the Case

Howard B. Miller, Girardi & Keese, of Los Angeles, CA, argued for plaintiff-appellant Optivus Technology, Inc.

John W. Holcomb, Knobbe, Martens, Olson & Bear, LLP, of Riverside, California, argued for plaintiff-appellant Loma Linda University Medical Center. With him on the brief were William B. Bunker, Paul A. Stewart, David G. Jankowski, and John N. Kandara, of Irvine, CA. Of counsel was Abraham W. Chuang.

Brian E. Ferguson, McDermott Will & Emery LLP, of Washington, DC, and Mark P. Wine, of Los Angeles, CA, argued for defendant-cross appellant. With them on the brief were Charles Rosenberg and Cynthia A. Lock, of Los Angeles, CA.

Before BRYSON, Circuit Judge, ARCHER, Senior Circuit Judge, and LINN, Circuit Judge.


LINN, Circuit Judge.

Optivus Technology, Inc. ("Optivus") and Loma Linda University Medical Center ("Loma Linda") appeal from a final judgment of the United States District Court for the Central District of California. Optivus challenges the district court's order dismissing its claim under California unfair competition law and granting summary judgment to Ion Beam Applications S.A. ("IBA") on Optivus's claims for a violation of the Florida Deceptive and Unfair Trade...

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