Ra Medical Systems, Inc. v. Photomedex, Inc.

MEMORANDUM

PhotoMedex, Inc. appeals the district court’s dismissal of its Lanham Act and California state law misappropriation of trade secrets, unfair competition, and false advertising counterclaims against Dean Stewart Irwin and Ra Medical Systems, Inc. (collectively “Ra Medical”). The court held (1) the misappropriation of trade secrets claim and the other claims based on allegations of such misappropriation were barred by the statute of limitations; (2) pursuant to its summary judgment decision in PhotoMedex’s first federal action, before us on appeal in Case No. 07-56672, PhotoMedex lacked standing to bring its claims that Ra Medical misrepresented the Pharos’s FDA clearance status; (3) allegations of misrepresentations unrelated to FDA clearance did not satisfy Rule 8 pleading requirements; and (4) the claim Ra Medical manufactured the Pharos without a California license could not be asserted since PhotoMedex did not amend its complaint to add this claim in its first federal action. The district court issued a Rule 54(b) certification of final judgment for its dismissal order, and we have jurisdiction under 28 U.S.C. § 1291 . See WMX Techs., Inc. v. Miller, 104 F.3d 1133 ,…