Depuy Synthes Sales, Inc. v. Howmedica Osteonics Corp.

FOR PUBLICATION

UNITED STATES COURT OF APPEALS

FOR THE NINTH CIRCUIT

DEPUY SYNTHES SALES, INC., a No. 21-55126 Massachusetts corporation; JONATHAN

L. WABER, an individual, D.C. No.

Plaintiffs-Appellees, 5:18-cv-01557-

FMO-KK

v.

HOWMEDICA OSTEONICS CORP., OPINION

Defendant-Appellant,

and

STRYKER CORPORATION, a Michigan corporation, Defendant.

Appeal from the United States District Court for the Central District of California Fernando M. Olguin, District Judge, Presiding

Argued and Submitted November 18, 2021 Pasadena, California

Filed March 14, 2022 Before: Richard Linn, * Jay S. Bybee, and Mark J. Bennett, Circuit Judges.

Opinion by Judge Linn

SUMMARY **

Forum-Selection Clause / Transfer

The panel affirmed the district court’s order denying transfer under 28 U.S.C. § 1404(a); and affirmed the grant of partial summary judgment to DePuy Synthes Sales, Inc. and Jonathan Waber because the district court did not err in holding the forum-selection, non-compete and non- solicitation clauses in an employment contract void under California law.

Waber was hired by Howmedica Osteonics Corp., and signed an employment contract…