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GUIDANCE ENDODONTICS, LLC v. DENTSPLY INTERNATIONAL, INC.

No. CIV 08-1101 JB/RLP.

708 F.Supp.2d 1272 (2010)

GUIDANCE ENDODONTICS, LLC, a New Mexico Limited Liability Company, Plaintiff, v. DENTSPLY INTERNATIONAL, INC., a Delaware Business Corporation, and Tulsa Dental Products, LLC, a Delaware Limited Liability Company, Defendants. and Dentsply International, Inc. and Tulsa Dental Products, LLC, Counter Plaintiffs, v. Guidance Endodontics, LLC and Dr. Charles Goodis, Counter Defendants.

United States District Court, D. New Mexico.

March 26, 2010.

Attorney(s) appearing for the Case

Kyle C. Bisceglie , Renee M. Zaystev , Olshan, Grundman, Frome, Rosenzweig & Wolosky, LLP, New York, NY, and John J. Kelly , Donald A. DeCandia , Ryan Flynn, Modrall, Sperling, Roehl, Harris & Sisk, P.A., Albuquerque, NM, for Plaintiff and Counter Defendants.

Howard M. Radzely , W. Brad Nes , Morgan Lewis & Bockius LLP, Washington, DC, and R. Ted Cruz , Morgan Lewis & Bockius LLP, Houston, TX, and Brian M. Addison , Vice President, Secretary, and General Counsel, Dentsply International, Inc., York, PA, and Thomas P. Gulley , Rebecca Avitia, Lewis and Roca LLP, Albuquerque, NM, for Defendants and Counter Plaintiffs.

MEMORANDUM OPINION AND ORDER

JAMES O. BROWNING, District Judge.

THIS MATTER comes before the Court on: (i) Dentsply/TDP's Motion for Directed Verdict Against Guidance on Court VI (Lanham Act) and Count V (New Mexico Unfair Practices Act), filed October 1, 2009 (Doc. 390); and (ii) Tom Gulley's oral motion for directed verdict on October 1, 2009, on Guidance's claim for breach of the implied covenant of good faith and fair dealing.

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