Comed Medical Systems, Co., Ltd. D/B/A GEMSS Medical and GEMSS North America Inc., F/K/A GEMSS USA Inc. v. AADCO Imaging, LLC and AADCO Medical Inc.

• Court: Court of Appeals of Texas
• Decided: February 25, 2015
• Docket: 03-14-00593-CV
• Status: Published

Opinion

TEXAS COURT OF APPEALS, THIRD DISTRICT, AT AUSTIN

JUDGMENT RENDERED FEBRUARY 25, 2015

NO. 03-14-00593-CV

Comed Medical Systems, Co., Ltd. d/b/a GEMSS Medical and GEMSS North America Inc., f/k/a GEMSS USA Inc., Appellants

v.

AADCO Imaging, LLC and AADCO Medical Inc., Appellees

APPEAL FROM 26TH DISTRICT COURT OF WILLIAMSON COUNTY BEFORE JUSTICES PURYEAR, PEMBERTON, AND FIELD AFFIRMED IN PART; REVERSED AND REMANDED IN PART -- OPINION BY JUSTICE PEMBERTON

This is an appeal from the order signed by the district court on August 28, 2014. Having

reviewed the record and the parties’ arguments, the Court holds that there was reversible error in

the district court’s order. We affirm the district court’s temporary injunction in favor of

AADCO, with one narrow exception—the order’s requirement that GEMSS “cease the

publication of all communications . . . stating that the [MDA] has been terminated or is

ineffective,” to the extent it prohibits GEMSS from advocating its positions in the pending

arbitration proceedings or any subsequent or related judicial proceedings. The order is remanded

to the district court for further proceedings to address that feature of the order. Each party shall

pay the costs of the appeal incurred by that party, both in this Court and the court below.