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PHOTOMEDEX, INC. v. IRWIN

No. 07-56672.

601 F.3d 919 (2010)

PHOTOMEDEX, INC., a Delaware corporation, Plaintiff-Appellant, v. Dean Stewart IRWIN, an individual; Ra Medical Systems, Inc., a California corporation, Defendants-Appellees.

United States Court of Appeals, Ninth Circuit.

Filed April 14, 2010.

Attorney(s) appearing for the Case

John J. Leonard and Michael R. Matthias, Baker & Hostetler LLP, Los Angeles, CA; Thomas D. Warren (argued), Baker & Hostetler LLP, Cleveland, OH, for the plaintiff-appellant.

Alan K. Brubaker, James A. Mangione, and Tracy L. Nation, Wingert Grebing Brubaker & Goodwin LLP; John S. Addams (argued), Law Offices of John S. Addams, San Diego, CA, for the defendants-appellees.

Before WILLIAM A. FLETCHER, RICHARD R. CLIFTON and MILAN D. SMITH, JR., Circuit Judges.

CLIFTON, Circuit Judge:

Plaintiff PhotoMedex, Inc. appeals the district court's grant of summary judgment in favor of Defendants Dean Stewart Irwin and Ra Medical Systems, Inc. on Lanham Act claims for misleading advertising and on California state law claims for false advertising and unfair competition. These claims are based on allegations of three separate misrepresentations made by Defendants regarding: (1) clearance...

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