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ZILA, INC. v. TINNELL

Nos. 05-15031, 05-15087.

502 F.3d 1014 (2007)

ZILA, INC., a Delaware Corporation, Plaintiff-counter-defendant-Appellee, v. James E. TINNELL, Defendant-counter-claimant-Appellant. Zila, Inc., a Delaware Corporation, Plaintiff-counter-defendant-Appellant, v. James E. Tinnell, Defendant-counter-claimant-Appellee.

United States Court of Appeals, Ninth Circuit.

Filed September 5, 2007.

Attorney(s) appearing for the Case

Larry C. Johns and John H. Pilkington, Las Vegas, NV, for the appellant.

Daniel P. Quigley, Raymond K. Ramella, Cohen Kennedy Dowd & Quigley, P.C., Phoenix, AZ, for the appellee.

Before: D.W. NELSON, ROBERT E. COWEN, and MARSHA S. BERZON, Circuit Judges.

BERZON, Circuit Judge.

Appellant James Tinnell developed a liquid solution to treat lesions caused by the herpes virus. He applied for a patent on the treatment and acquired a defunct corporation, now named Zila, as a vehicle for marketing and selling the product, now called Zilactin. Tinnell subsequently entered an agreement with Zila that assigned all rights in his invention to the company in return for royalty payments and company stock. The royalty payments provided...

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