Legal Opinion
Zila, Inc. v. Tinnell
Court of Appeals for the Ninth Circuit
Decided September 5, 2007No. 05-15031, 05-15087PublishedCited by 19 opinions
1Opinion of the Court
BERZON, Circuit Judge.
Appellant James Tinnell developed a liquid solution to treat lesions caused by the herpes virus. He applied for a patent on the treatment and acquired a defunct corporation, now named Zila, as a vehicle for marketing and selling the product, now called Zilactin. Tinnell subsequently entered an agreement with Zila that assigned all rights in his invention to the company in return for royalty payments and company stock. The royalty payments provided for in this contract are the subject of the present dispute.
The contract at issue is unambiguous as to the duration of the…
2Cases cited10 opinions
- Agostini v. FeltonSupreme Court of the United States · 1997
- Pitney Bowes, Inc., Cross-Appellee v. Celina Mestre, Personal Representative of the Estate of Luis Mestre, Deceased, Cross-AppellantCourt of Appeals for the Eleventh Circuit · 1983
- Aronson v. Quick Point Pencil Co.Supreme Court of the United States · 1979
- Brulotte v. Thys Co.Supreme Court of the United States · 1964
- Hale v. ArizonaCourt of Appeals for the Ninth Circuit · 1993
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3Cited by19 opinions
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- Fisher Tool Co., Inc. v. Gillet OutillageCourt of Appeals for the Ninth Circuit · 2008
- Kimble v. MARVEL ENTERPRISES, INC.District Court, D. Arizona · 2010
- C.R. Bard, Inc. v. Atrium Medical CorporationCourt of Appeals for the Ninth Circuit · 2024
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