Novadaq Technologies, Inc. v. Karl Storz GmbH & Co. K.G.
Opinion
Lead Opinion
Grewal, J.
*950 ORDER GRANTING-IN-PART MOTIONS FOR SUMMARY JUDGMENT
Product launches are all about creating excitement. Excitement for a product. Excitement for the product’s manufacturer. Excitement for the product’s anticipated customers. But not everyone is excited, especially a trademark owner that believes the launched product infringes that trademark. This dispute offers one such example.
Plaintiff Novadaq Technologies, Inc. specializes in medical imaging products that use its SPY-trademarked fluorescence imaging technology. 1 Defendants Karl Storz GmbH & Co. KG, headquartered in Germany, and its American counterpart Karl Storz Endoscopy-America, Inc. manufacture and sell imaging systems for endoscopic surgery. 2 In 2014, Karl Storz launched a new product named IMAGE 1 SPIES, which came with software applications called SPIES CHROMA and SPIES SPECTRA, 3 prompting Novadaq to file this trademark infringement suit.
Both sides now move for summary judgment on a number of issues. 5 Novadaq’s motion is GRANTED, and Karl Storz’ motions are GRANTED-IN-PART.
I.
Novadaq, a Canadian company, was founded in 2000 and began developing its fluorescence imaging technology in 2001. 6 That same…