Continental Laboratory Products, Inc. v. Medax International, Inc.

ORDER (1) RESOLVING DEFENDANTS’ PROCEDURAL OBJECTIONS TO AFFIDAVITS OF DANIEL M. CISLO AND DR. HAROLD KASSARJIAN; (2) PERMITTING ADDITIONAL BRIEFING ON INHERENT DISTINCTNESS

Before the Court is a motion for summary judgment filed by Defendants Medax International, Inc. and individual Defendants Alma A. Timpson, Jr. and Paul M. Jessop (“Defendants”), seeking judgment against claims for trade dress infringement and unfair competition brought by Plaintiff Continental Laboratory Products, Inc. (“Continental”). The Court has jurisdiction pursuant to 28 U.S.C. §§ 1331 & 1338(a).

The Court is approaching a resolution on the instant motion, and writes this order separately to address two issues: (1) Defendants’ procedural objections to two expert affidavits filed by Continental in opposition to Defendants’ motion for summary judgment, and (2) the impact of a recently decided Supreme Court case, Wal-Mart Stores, Inc. v. Samara Brothers, Inc., 529 U.S. 205 , 120 S.Ct. 1339 , 146 L.Ed.2d 182 (2000), on the issues presented in this litigation. The Court shall address each of these issues in turn.

A. DEFENDANTS’ OBJECTIONS TO EXPERT AFFIDAVITS

In opposing Defendants’ motion for summary…