Applied Medical Distribution C v. the Surgical Company Bv

FOR PUBLICATION

UNITED STATES COURT OF APPEALS

FOR THE NINTH CIRCUIT

APPLIED MEDICAL DISTRIBUTION  No. 09-55155 CORPORATION, a California D.C. No. corporation, 8:07-cv-01420- Plaintiff-Appellant, DOC-MLG v.  ORDER THE SURGICAL COMPANY BV, a AMENDING Netherlands limited liability OPINION AND company, AMENDED Defendant-Appellee.  OPINION

Appeal from the United States District Court for the Central District of California David O. Carter, District Judge, Presiding

Argued and Submitted September 4, 2009—Pasadena, California

Filed November 3, 2009 Amended November 17, 2009

Before: Raymond C. Fisher and Ronald M. Gould, Circuit Judges, and Morrison C. England, Jr., District Judge.*

Opinion by Judge Gould

*The Honorable Morrison C. England, Jr., United States District Judge for the Eastern District of California, sitting by designation.

15269 APPLIED MEDICAL v. THE SURGICAL COMPANY 15273

COUNSEL

Richard J. Grabowski, Brian M. Hoffstadt (argued)…