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Peter Spingola, Sara Siegall and John Owen recently obtained dismissal with prejudice of a federal lawsuit brought by VitalGo, Inc. against our client Kreg Therapeutics, Inc. and its President, Craig Poulos, asserting an array of trademark, copyright and common law unfair competition claims. At the outset of the case, the litigation team won a series of dispositive motions, with the court dismissing numerous claims and striking a large portion of the allegations in VitalGo’s initial, first amended, and second amended complaint. These victories substantially narrowed the issues and claims at play. Contemporaneously, in a companion case between the same parties, Peter, John and Sara obtained a trial result in excess of $1 million for Kreg Therapeutics (affirmed by the Seventh Circuit U.S. Court of Appeals). These results together paved the way for the dismissal with prejudiceof the trademark litigation, which VitalGo, Inc. voluntarily agreed to do without any injunctive or other relief and without the payment of any money by our client. This final dismissal resolves eight years of hard-fought litigation, in which KregTherapeutics, Inc. and Craig Poulos were completely vindicated.
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