GEMINI TECHNOLOGIES, INC. v. SMITH & WESSON CORP.

No. 18-35510.

931 F.3d 911 (2019)

GEMINI TECHNOLOGIES, INC., Plaintiff-Appellant, v. SMITH & WESSON CORP., a Delaware corporation; American Outdoor Brands Corporation, a Massachusetts corporation, Defendants-Appellees.

United States Court of Appeals, Ninth Circuit.

Filed July 24, 2019.


Attorney(s) appearing for the Case

Kim J. Trout (argued), Trout Law PLLC, Boise, Idaho, for Plaintiff-Appellant.

Jason E. Prince (argued) and Brett C. Ruff , Holland & Hart LLP, Boise, Idaho, for Defendants-Appellees.

Before: Michael Daly Hawkins, William A. Fletcher, and Mark J. Bennett, Circuit Judges.


OPINION

Gemini Technologies, Inc. ("Gemtech") is an Idaho-based manufacturer of gun silencers. In 2017, Smith & Wesson Corp. and parent company American Outdoor Brands Corp. (collectively "Smith & Wesson") offered to purchase Gemtech's assets. Gemtech accepted and entered into an Asset Purchase Agreement...

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