Pain Prevention Lab, Inc. v. Electronic Waveform Labs, Inc.

MEMORANDUM AND ORDER

MORAN, District Judge.

Plaintiff Pain Prevention Lab, Inc. (“PPL”) and defendant Electronic Waveform Labs, Inc. (“EWL”) manufacture and sell competing electronic analgesic devices. PPL brought this action for damages, an injunction and declaratory judgment after joint venture negotiations with EWL broke down. Although EWL threatened to sue first, PPL won the race to the courthouse. In count I of PPL’s complaint, PPL seeks a declaration that its product does not infringe any of EWL’s intellectual property rights. In count II PPL seeks damages for breach of contract. Counts…