Lifescan, Inc.; Johnson & Johnson v. Shasta Technologies, LLC

NOT FOR PUBLICATION
UNITED STATES COURT OF APPEALS
FOR THE NINTH CIRCUIT
LIFESCAN, INC.; JOHNSON &
JOHNSON,
Plaintiffs - Appellees,
v.
SHASTA TECHNOLOGIES, LLC;
CONDUCTIVE TECHNOLOGIES, INC.;
PHARMATECH SOLUTIONS, INC.;
DECISION DIAGNOSTICS, CORP.,
Defendants - Appellants.
No. 13-16042
D.C. No. 3:12-cv-06360-JST
MEMORANDUM*
Appeal from the United States District Court
for the Northern District of California
Jon S. Tigar, District Judge, Presiding
Argued and Submitted December 3, 2013
San Francisco, California
Before: TROTT, THOMAS, and MURGUIA, Circuit Judges.
Defendants appeal the district court’s order granting plaintiffs’ request for
preliminary injunctive relief, enjoining defendants from using images of plaintiffs’
FILED
JAN 08 2014
MOLLY C. DWYER, CLERK
U.S. COURT OF APPEALS
* This disposition is not appropriate for publication and is not precedent
except as provided by 9th Cir. R. 36-3.

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products on defendants’ Shasta GenStrip packaging and in its advertising. We
have jurisdiction under 28 U.S.C. § 1292(a)(1), and we affirm.
Our sole inquiry is whether the district court abused its discretion in granting
preliminary injunctive relief, and we conclude that the district court properly
exercised its discretion. Winter v. Natural Res. Def. Council, 555 U.S. 7, 24 (2008)
(listing factors for district court to consider); Sports Form, Inc. v. United Press
Int’l, Inc., 686 F.2d 750, 752-53 (9th Cir. 1982) (explaining limited scope of
review).
AFFIRMED.

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