ALTERNATIVE ELECTRODES, LLC v. EMPI, INC.

No. 08-CV-1247 (JFB)(ETB).

597 F.Supp.2d 322 (2009)

ALTERNATIVE ELECTRODES, LLC, Plaintiff, v. EMPI, INC. and Encore Medical, L.P., Defendants.

United States District Court, E.D. New York.

February 4, 2009.


Attorney(s) appearing for the Case

Evan M. Janush, Esq. of the Lanier Law Firm, New York, NY, for Plaintiff Alternative Electrodes, LLC.

Kenneth I. Schacter, Esq. and Theo J. Robins, Esq. of Bingham McCutchen LLP, New York, NY, for defendants Empi, Inc. and Encore Medical, L.P.


MEMORANDUM AND ORDER

JOSEPH F. BIANCO, District Judge:

Plaintiff Alternative Electrodes, LLC ("plaintiff" or "AEL") brought this action against Empi, Inc. ("Empi") and Encore Medical, L.P. ("Encore") (collectively, "defendants"), alleging violations of the Lanham Act, 15 U.S.C. § 1051, et seq., and antitrust violations under the Sherman Act, 15 U.S.C. § 2, et seq., as well as averring claims for illegal monopoly, defamation, false...

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