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MOTION MEDICAL TECH. v. THERMOTEK, INC.

No. 16-11381.

875 F.3d 765 (2017)

MOTION MEDICAL TECHNOLOGIES, L.L.C.; Wabash Medical Company, L.L.C.; Orthoflex, Incorporated, doing business as Integrated Orthopedics, Plaintiffs-Counter Defendants-Appellees v. THERMOTEK, INCORPORATED, Defendant-Counter Claimant-Third Party Plaintiff-Appellant v. Tri 3 Enterprises, L.L.C.; Thermo Compression Solutions, L.L.C.; WMI Enterprises, L.L.C., Third Party Defendants-Appellees. Thermotek, Incorporated, Plaintiff-Appellant, v. Mike Wilford, Defendant-Appellee.

United States Court of Appeals, Fifth Circuit.

FILED November 14, 2017.

Attorney(s) appearing for the Case

Michael Thomas Cooke , Glenn S. Orman , Friedman, Suder & Cooke, P.C., Fort Worth, TX, Matthew L. De Preter , Kathleen A. Lyons , Counsel, Olson & Cepuritis, Limited, Chicago, IL, Charles W. Wirken , Gust Rosenfeld, P.L.C., Phoenix, AZ, for Plaintiff-Appellee and Defendant-Appellee.

Thad D. Spalding, Esq. , Frederick Leighton Durham, III , Kelly, Durham & Pittard, L.L.P., Dallas, TX, Christopher M. McDowell , McDowell Law, P.L.L.C., Coppell, TX, Martin Edward Rose, Esq. , Rose Walker, L.L.P., Dallas, TX, Plaintiff-Appellant.

Before SMITH, OWEN, and HIGGINSON, Circuit Judges.

ThermoTek, Inc. convinced a jury that Mike Wilford and his companies engaged in unfair competition and fraud in violation of Texas law. The district court, however, granted judgment as a matter of law to the defendants, concluding that federal law preempted the unfair competition claim and that ThermoTek failed...

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