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Applied Medical wins in Ninth Circuit

November 2009

Client(s) Applied Medical Distribution Corporation

Jones Day achieved a significant victory for Applied Medical Distribution Corporation when the Ninth Circuit reversed and remanded the District Court's denial of an anti-suit injunction, thus preventing The Surgical Company BV from pursuing a parallel lawsuit in Belgium. The firm successfully brought a motion for summary judgment in the District Court on all substantive declaratory relief issues, but the District Court refused to issue an anti-suit injunction. Applied Medical appealed that decision. In a November 17, 2009, published opinion, the Ninth Circuit reversed and remanded, ordering the District Court to enter the anti-suit injunction and awarding Applied substantial attorneys' fees.

Applied Medical Distrib. Corp. v. The Surgical Co., ___ F.3d __, 2009 WL 3818836 (9th Cir. Nov. 17, 2009) (published decision)

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