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BOOST OXYGEN, LLC v. OXYGEN PLUS, INC.

Case No. 17-CV-5004 (PJS/DTS).

477 F.Supp.3d 871 (2020)

BOOST OXYGEN, LLC, a Connecticut Limited Liability Company, Plaintiff, v. OXYGEN PLUS, INC., a Minnesota Corporation, Defendant.

United States District Court, D. Minnesota.

Signed August 10, 2020.

Attorney(s) appearing for the Case

Robert Neuner, HOFFMANN & BARON, LLP; Barry M. Landy, Esther Agbaje, and Jan M. Conlin, CIRESI CONLIN LLP, for plaintiff.

Loren L. Hansen, Brian A. Dillon, and Dion Farganis, LATHROP GPM LLP, for defendant.

ORDER

In November 2017, plaintiff Boost Oxygen, LLC ("Boost") brought suit against defendant Oxygen Plus, Inc. ("Oxygen Plus") for infringement of a design patent and trade dress. The lawsuit was meritless, as Oxygen Plus's product clearly did not infringe Boost's patent or trade dress...

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