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THEME PROMOTIONS v. NEWS AMERICA MARKETING FSI

Nos. 06-16230, 06-16341.

539 F.3d 1046 (2008)

THEME PROMOTIONS, INC., a California corporation, dba Theme Co-op Promotions, Plaintiff-counter-defendant-Appellee, v. NEWS AMERICA MARKETING FSI, a Delaware corporation, Defendant-counter-claimant-Appellant. Theme Promotions, Inc., a California corporation, dba Theme Co-op Promotions, Plaintiff-counter-defendant-Appellant, v. News America Marketing FSI, a Delaware corporation, Defendant-counter-claimant-Appellee.

United States Court of Appeals, Ninth Circuit.

Filed August 20, 2008.

Attorney(s) appearing for the Case

Eugene Crew, Nancy L. Tompkins, Holly Gaudreau, Townsend and Townsend and Crew, LLP, San Francisco, CA; Theodore T. Herhold, Townsend and Townsend and Crew, LLP, Palo Alto, CA, for the plaintiff/appellee/cross-appellant.

Gary J. Malone, Constantine Cannon, New York, NY, for the defendant/appellant.

Before: STEPHEN S. TROTT, SIDNEY R. THOMAS, and RICHARD A. PAEZ, Circuit Judges.

THOMAS, Circuit Judge:

This appeal presents the question of whether right of first refusal agreements between a publisher of advertising tools and packaged goods companies violate California antitrust and tort law. We conclude that the jury verdict in favor of Plaintiff was supported by substantial evidence in the record, and we affirm.

I

News America Marketing FSI, Inc. ("News") is one of two publishers...

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