Quidel Corporation v. Siemens Medical Solutions USA

NOT FOR PUBLICATION FILED

UNITED STATES COURT OF APPEALS OCT 7 2021

MOLLY C. DWYER, CLERK

U.S. COURT OF APPEALS

FOR THE NINTH CIRCUIT

QUIDEL CORPORATION, No. 20-55933

Plaintiff - Appellant, No. 3:16-cv-03059-BAS-AGS v.

SIEMENS MEDICAL SOLUTIONS USA, MEMORANDUM*

INC.,

SIEMENS HEALTHCARE

DIAGNOSTICS, INC.,

Defendants – Appellees.

LABORATORY CORPORATION OF

AMERICA HOLDINGS

Intervenor.

Appeal from the United States District Court for the District of Southern California, San Diego Cynthia A. Bashant, District Judge, Presiding

Argued and Submitted September 2, 2021 Pasadena, California

Before: NGUYEN, BENNETT, and R. NELSON, Circuit Judges. Dissent by Judge BENNETT

* This disposition is not appropriate for publication and is not precedent except as provided by Ninth Circuit Rule 36-3. In this false advertising case, Appellant Quidel Corporation (“Quidel”)

challenges the district court’s grant of summary judgment for Appellees, Siemens

Medical Solutions USA, Inc. and Siemens Healthcare Diagnostics Inc.

(“Siemens”), on their Lanham Act false advertising claims (§ 43(a)),…