Allied Orthopedic Apps. Inc. v. Tyco Health Care Group LP, No. 08-56314

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