ImprimisRx, LLC v. OSRX, Inc.

UNITED STATES DISTRICT COURT

SOUTHERN DISTRICT OF CALIFORNIA

9 IMPRIMISRX, LLC, Case No. 21-cv-01305-BAS-DDL Plaintiff,

ORDER:

v.

(1) DENYING DEFENDANTS’ MOTION TO EXCLUDE

PLAINTIFF’S WITNESSSES (ECF

OSRX, INC.; OCULAR SCIENCE, INC., No. 189-1);

Defendants. (2) GRANTING DEFENDANTS’

MOTION FOR PARTIAL

16 SUMMARY JUDGMENT (ECF No. 168-1);

AND

(3) GRANTING IN PART AND

DENYING IN PART PLAINTIFF’S

MOTION FOR PARTIAL

20 SUMMARY JUDGMENT (ECF No. 171-1)

22 Before the Court are two motions for partial summary judgment by the parties and a motion by Defendants to exclude belatedly identified witnesses. (ECF Nos. 168-1, 171-1, 189-1.) Defendants OSRX, Inc. and Ocular Science, Inc. filed a motion for partial summary judgment with respect to Plaintiff ImprimisRx, LLC’s false advertising claims and their affirmative defense of unclean hands. (ECF No. 168-1.) Plaintiff ImprimisRx filed a motion for cross summary judgment with respect to its false advertising claims 1 …