In an antitrust action claiming that plaintiffs overpaid for defendant’s pulse oximetry sensors because defendant used improper marketing agreements and made its sensors incompatible with generic products, summary judgment for defendant is affirmed where: 1) there was no evidence that defendant foreclosed competition in a substantial share of the sensor market; and 2) the undisputed evidence showed that defendant’s patented sensor design was an improvement over the previous design.
Read Allied Orthopedic Apps. Inc. v. Tyco Health Care Group LP, No. 08-56314
Appellate Information
Argued and Submitted December 8, 2009
Filed January 6, 2010
Judges
Opinion by Judge Silverman
Counsel
For Appellants:
Herbert E. Milstein, Cohen Milstein Sellers & Toll PLLC, Washington, DC
Bruce E. Gerstein and Joseph Opper, Garwin Gerstein & Fisher LLP, New York, NY
For Appellees:
Theodore B. Olson, Christopher D. Dusseault, and Margaret A. Farrand, Gibson Dunn & Crutcher LLP, Los Angeles, CA
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