Legal Opinion
Industrial Wire Products, Inc. v. Costco Wholesale Corp.
Court of Appeals for the Eighth Circuit
Decided August 6, 2009No. 08-3189PublishedCited by 18 opinions
1Opinion of the Court
SHEPHERD, Circuit Judge.
Costco Wholesale Corp. (“Costco”) appeals from the district court’s order denying its motion to compel arbitration and stay proceedings involving claims of patent and trade dress infringement brought against it by Industrial Wire Products, Inc. (“IWP”). For the reasons set forth below, we reverse.
I
In 2006 and 2007, IWP and Costco entered into vendor agreements in which IWP agreed to supply Costco with IWP’s patented “Configurable Bins,” which are interlocking plastic storage containers. The 2007 vendor agreement 1 contains the following arbitration clause:
[¶]27.1 All…
2Cases cited8 opinions
- Gulfstream Aerospace Corp. v. Mayacamas Corp.Supreme Court of the United States · 1988
- Medtronic Ave, Inc. v. Advanced Cardiovascular Systems, Inc.Court of Appeals for the Third Circuit · 2001
- Qualcomm Incorporated v. Nokia CorporationCourt of Appeals for the Federal Circuit · 2006
- William Dieser v. Continental Casualty Company, Doing Business as Cna Insurance Company Compucom Systems, Inc.Court of Appeals for the Eighth Circuit · 2006
- McLaughlin Gormley King Company v. Terminix International Company, L.P.Court of Appeals for the Eighth Circuit · 1997
3 more not listed; retrieve them via the Exa API.
3Cited by18 opinions
- Hooper v. Advance America, Cash Advance Centers of Missouri, Inc.Court of Appeals for the Eighth Circuit · 2009
- Unison Co., Ltd. v. Juhl Energy Development, Inc.Court of Appeals for the Eighth Circuit · 2015
- Drickey Jackson v. AmznCourt of Appeals for the Ninth Circuit · 2023
- H&T Fair Hills, Ltd. v. Alliance Pipeline L.P.Court of Appeals for the Eighth Circuit · 2023
- Pickering v. URBANTUS, LLCDistrict Court, S.D. Iowa · 2011
13 more not listed; retrieve them via the Exa API.