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ORTHOPEDIC SYSTEMS, INC. v. SCHLEIN

Nos. A126374, A126821.

202 Cal.App.4th 529 (2011)

ORTHOPEDIC SYSTEMS, INC., Plaintiff, Cross-defendant and Respondent, v. ALLEN SCHLEIN, Defendant, Cross-complainant and Appellant. ORTHOPEDIC SYSTEMS, INC., Plaintiff, Cross-defendant and Appellant, v. ALLEN SCHLEIN, Defendant, Cross-complainant and Respondent.

Court of Appeals of California, First District, Division Four.

December 29, 2011.

Attorney(s) appearing for the Case

Kreindler & Kreindler, Gretchen M. Nelson, Gabriel S. Barenfeld, Jacob H. Mensch and Andrew L. Ciganek for Defendant, Cross-complainant and Appellant and for Defendant, Cross-complainant and Respondent.

Reed Smith, John S. Siamas, Karen A. Braje and Dennis Peter Maio for Plaintiff, Cross-defendant and Respondent and for Plaintiff, Cross-defendant and Appellant.

CERTIFIED FOR PARTIAL PUBLICATION*

OPINION

REARDON, J.—

The instant appeals involve the contract and tort claims of an orthopedic surgeon who had an agreement with an orthopedic products company regarding the creation and sale of a medical device that bore the surgeon's name. After paying royalties to the surgeon for more than a decade, the...

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