... 09-28-2012 SYNTHES, INC., SYNTHES USA HQ, INC., SYNTHES USA, LLC, SYNTHES USA SALES, LLC, and SYNTHES USA PRODUCTS, LLC, Plaintiffs, v. EMERGE MEDICAL, INC., JOHN...P. MAROTTA, ZACHARY W. STASSEN, ERIC BROWN, and CHARLES Q. POWELL, Defendants. EMERGE MEDICAL, INC., Counterclaim-Plaintiff, v. SYNTHES, INC., SYNTHES USA HQ, INC. SYNTHES USA, LLC, SYNTHES USA...Synthes, Inc., Synthes USA HQ, Inc., Synthes USA, LLC, Synthes USA Sales, LLC, and Synthes USA Products, LLC (collectively "Synthes") to Dismiss Defendant and Counterclaim-Plaintiff Emerge Medical, Inc's Alleged "Abuse of Process" and Antitrust Counterclaims, and/or, in the alternative, to Bifurcate and Stay All Proceedings and Discovery Related to Each Counterclaim (Docket No. 66), the Response of Defendant and Counterclaim-Plaintiff Emerge Medical, Inc. ("Emerge...

... 09-05-2012 SYNTHES, INC., et al., Plaintiffs, v. EMERGE MEDICAL, INC., et al., Defendants..., 2012, defendant Emerge Medical, Inc. ("Emerge") filed a motion to quash [Docket No. 1] a subpoena issued in this District by plaintiffs Synthes, Inc., Synthes USA HQ, Inc., Synthes USA, LLC, Synthes...transfer [Docket No. 10] the motion to quash to the Eastern District of Pennsylvania, where the underlying action between Synthes and Emerge is now pending. The Court has jurisdiction to...

.... Emerge Medical, Inc., 887 F.Supp.2d 598, 607 (E.D. Pa. 2012) (Buckwalter, J.) (citations omitted). In its complaint...be based on either some from of consent to personal jurisdiction, such as a contract forum selection clause, or defendant's contacts with the forum. Synthes, Inc. v. Emerge...Medical, Inc., 887 F.Supp.2d 598, 606 (E.D. Pa. 2012). There are two types of personal jurisdiction founded on a defendant's contact...

...-5 SYNTHES, INC., Synthes USA HQ, Inc., Synthes USA, LLC, Synthes USA Sales, LLC, and Synthes USA Products, LLC, Plaintiffs, v. EMERGE MEDICAL, INC., John P. Marotta, Zachary...W. Stassen, Eric Brown, and Charles Q. Powell, Defendants. Emerge Medical, Inc., Counterclaim–Plaintiff, v. Synthes, Inc., Synthes UUS HQ, Inc. Synthes USA, LLC, Synthes USA Sales, LLC, and Synthes..., Inc., Synthes USA, LLC, Synthes USA Sales, LLC, and Synthes USA Products, LLC (collectively “Synthes”) and Defendants Emerge Medical, Inc., John P. Marotta, and Charles Q. Powell (collectively...

...-15 SYNTHES, INC., Synthes USA HQ, Inc., Synthes USA, LLC, Synthes USA Sales, LLC, and Synthes USA Products, LLC, Plaintiffs, v. EMERGE MEDICAL, INC., John P. Marotta...State to change its name to Emerge Medical, Inc. ( Id. ¶ 150.) Less than one month later, Marotta made a new trademark filing with the PTO for the name and logo of “Emerge Medical.” ( Id.... Commencement of Litigation On March 4, 2011, Synthes initiated the current federal action against both John Marotta and Emerge Medical, Inc. Thereafter, on March 6, 2012...

...of the action" doctrine, "an independent event" must give rise to the fraud claim collateral to the parties' contractual relationship. Synthes, Inc. v. Emerge Medical, Inc., 25... 06-10-2015 CONTINENTAL MATERIALS, INC. v. ROBETEX, INC. and KERRY TALBOT...of the action doctrine "is designed to maintain the conceptual distinction between breach of contract claims and tort claims." Etoll, Inc. v. Elias/Savion Adver., Inc...

... 06-11-2014 SYNTHES, INC., SYNTHES USA HQ, INC., SYNTHES USA, LLC, SYNTHES USA SALES, LLC, and SYNTHES USA PRODUCTS, LLC, Plaintiffs, v. EMERGE MEDICAL, INC., JOHN...P. MAROTTA, ZACHARY W. STASSEN, ERIC BROWN, and CHARLES Q. POWELL Defendants. EMERGE MEDICAL, INC., Counterclaim-Plaintiff, v. SYNTHES, INC., SYNTHES USA HQ, INC. SYNTHES USA, LLC, SYNTHES USA SALES... MEMORANDUM BUCKWALTER, S. J. Currently pending before the Court is the Motion for Summary Judgment on Defendant Emerge Medical, Inc.'s Amended...

...Synthes, Inc. v. Emerge Medical, Inc., 887 F.Supp.2d 598 (E.D.Pa.2012). In Synthes, three sales representatives entered into confidentiality, non-solicitation, and...steps to create and eventually join a competitor, Emerge Medical, Inc. Id. Synthes brought suit against the sales representatives, Emerge Medical's chief operating officer (the “COO”), and...Emerge Medical itself. Despite the fact that the COO was not a party to the non-competition agreements, the Synthes court found that he was “so closely related to the dispute between Synthes and...

...those alleged by Plaintiffs in this case. See, e.g., Synthes, Inc. v. Emerge Medical, Inc., 887... Civil Action No. 19-2358-RGA 05-07-2020 RIVER VALLEY INGREDIENTS, LLC, TYSON POULTRY, INC., and TYSON FARMS, INC...., Plaintiffs, v. AMERICAN PROTEINS, INC. n/k/a CROSSROADS PROPERTIES A, INC., AMPRO PRODUCTS, INC. n/k/a CROSSROADS PROPERTIES B, INC., GEORGIA FEED PRODUCTS COMPANY, L.L.C n/k/a CROSSROADS PROPERTIES C...

..., Radian relies on the decision in Synthes, Inc. v. Emerge Medical, Inc., 887 F.Supp.2d 598 (E.D.Pa.2012). In Synthes, three sales...600. While working for Synthes, the sales representatives took steps to create and eventually join a competitor, Emerge Medical, Inc. Id. Synthes brought suit against the sales representatives..., Emerge Medical's chief operating officer (the “COO”), and Emerge Medical itself. Despite the fact that the COO was not a party to the non-competition agreements, the Synthes court found that...

...claim to go forward. It is, however, merely a descriptive statement. See Synthes, Inc. v. Emerge Medical, Inc., CIV.A...-23 DRESSER–RAND COMPANY, Plaintiff, v. G. Curtis JONES, Jeffrey King, Albert E. Wadsworth, IV, and Global Power Specialist, Inc., Defendants...E. Wadsworth, I V, and Global Power Specialist, Inc. (“Global Power”), including a claim for violation of the Computer Fraud and Abuse Act, 18 U.S.C...

...licensing agreements). For example, in Synthes, Inc. v. Emerge...Medical, Inc., 887 F.Supp.2d 598 (E.D. Pa. 2012), relied upon by Defendant, the court found that the non-signatory defendant was "closely related" to a non-compete agreement containing a forum... CIVIL ACTION NO. 16-6251. 05-30-2017 Bob KRIST, Plaintiff, v. SCHOLASTIC, INC., Defendant...

...). For example, in Synthes, Inc. v. Emerge Medical, Inc., 887 F. Supp. 2d 598 (E.D... 05-30-2017 BOB KRIST, Plaintiff, v. SCHOLASTIC, INC., Defendant. RUFE, J.... MEMORANDUM OPINION RUFE, J. Before the Court is Defendant Scholastic, Inc.'s Motion to Dismiss Plaintiff's Complaint or, in the...

...adequately plead malice. Synthes, Inc. v. Emerge Medical, Inc., 2012 WL 4205476, at *37 (E.D. Pa. Sept. 19, 2012) ("[A] careful reading of the allegations discussing the foundation... 04-18-2013 PARKLAND SERVICES, INC. t/b/d/a FREESTECH, Plaintiff, v. MAPLE LEAF FOODS, INC. and STELLAR CORPORATION, Defendants... I. Introduction Plaintiff Parkland Services, Inc., t/b/d/a Freestech ("Freestech") sued Defendants Maple Leaf Foods, Inc. ("MLF") and Stellar Corporation...

...strategies, and financial projections" have been found to be trade secrets. Synthes, Inc. v. Emerge Medical, Inc., 25 F.Supp.3d 617, 706...-SURGERY, INC., a corporation of Ohio; and KEVIN N. MALEK, an individual resident of New York, Defendants... the plaintiff. Latuszewski v. VALIC Fin. Advisors, Inc., 393 F. App'x 962, 965 (3d Cir. 2010) (quoting Moore v. Kulicke & Soffa Indus., Inc...

..."gist of the action" sounds in tort or contract, the Court must ascertain the source of the duties allegedly breached. Synthes, Inc. v. Emerge Medical, Inc., 25 F.Supp. 3d 617, 725 (E.D. Pa. 2014... 04-17-2015 CONTINENTAL MATERIALS, INC. v. ROBOTEX, INC. et al. KEARNEY...submitted by the parties, the Court finds that it has specific personal jurisdiction over Defendants Robetex, Inc. ("Robetex") and Kerry Talbot ("Talbot") on Plaintiff Continental Materials, Inc.'s ("CMI...

...computer system on Defendant's behalf, establishes liability under the CFAA. See Synthes, Inc. v. Emerge Medical, Inc., Civ. No. 11-1566... Civil Action 22-4656 (ZNQ) (RLS) 05-31-2023 PARAMOUNT RESIDENTIAL MORTGAGE GROUP, INC., Plaintiff, v. NATIONWIDE...MORTGAGE BANKERS, INC., Defendant. ZAHID N. QURAISHI, UNITED STATES DISTRICT...

..., 192020). This rule applies to non-signatories bound by forum selection clauses as well. Id. at *8-10; see also Synthes, Inc. v. Emerge...Medical, Inc., 887 F.Supp.2d 598, 616 (E.D. Pa. 2012) (“[T]he Court deems the forum selection clauses applicable to [the non-signatory defendant], making him subject to this Court's personal...dba TROMP GROUP USA LLC; AUTOMATED BAKING SYSTEMS, INC. JAMES G. CUMMINGS; TROMP GROUP AMERICAS, LLC; AMF BAKERY SYSTEMS; LILLNORD A/S; BITZER U.S. INC.; and BITZER KUHLMASCHINENBAU GMBH, Defendants...

...of those circumstances, it is fair and reasonable to bind a non-party to the forum selection clause." Synthes, Inc. v. Emerge Medical, Inc., 887... 10-05-2015 ABC MEDICAL HOLDINGS, INC., and ABC HOME MEDICAL SUPPLY, INC., Plaintiffs, v. HOME MEDICAL SUPPLIES, INC., and RICK MODDERMAN, Defendants.... INTRODUCTION This is a breach of contract and business tort case arising out of the sale of medical supplies in Colorado. Presently before the Court is defendant Home Medical Supplies, Inc.'s...