PhotoMedex, Inc. v. Irwin

CLIFTON, Circuit Judge:

Plaintiff PhotoMedex, Inc. appeals the district court’s grant of summary judgment in favor of Defendants Dean Stewart Irwin and Ra Medical Systems, Inc. on Lanham Act claims for misleading advertising and on California state law claims for false advertising and unfair competition. These claims are based on allega tions of three separate misrepresentations made by Defendants regarding: (1) clearance by the Food and Drug Administration (FDA) to market their laser device, (2) the anticipated date their laser would be available for purchase, and (3) Irwin’s role as inventor…