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BADEN SPORTS, INC. v. MOLTEN USA, INC.

Nos. 2008-1216, 2008-1246.

556 F.3d 1300 (2009)

BADEN SPORTS, INC., Plaintiff-Cross Appellant, v. MOLTEN USA, INC. and Kabushiki Kaisha Molten (doing business as Molten Corporation), Defendants-Appellants.

United States Court of Appeals, Federal Circuit.

February 13, 2009.

Attorney(s) appearing for the Case

Bruce A. Kaser, Vantage Law PLLC, of Issaquah, WA, argued for plaintiff-cross appellant. With him on the brief was James L. Phillips, Miller Nash LLP, of Seattle, WA.

Richard P. Bress, Latham & Watkins LLP, of Washington, DC, argued for defendants-appellants. With him on the brief were Erica Goldberg; and Daiske Yoshida, of Tokyo, Japan. Of counsel were Arthur S. Beeman, DLA Piper U.S. LLP, of San Francisco, CA; and M. Elizabeth Day, DLA Piper LLP, of East Palo Alto, CA.

Before LOURIE, RADER, and LINN, Circuit Judges.

LOURIE, Circuit Judge.

Kabushiki Kaisha Molten and Molten USA, Inc. (collectively "Molten") appeal from a final judgment of the United States District Court for the Western District of Washington denying Molten's motions for a new trial and judgment as a matter of law ("JMOL") relating to a jury award of $8,054,579 for false advertising under Section 43 of the Lanham Act. See Baden Sports, Inc. v. Kabushiki Kaisha Molten, 541 F.Supp.2d 1151...

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