Legal Opinion
Micro Data Base Systems, Incorporated v. Nellcor Puritan Bennett, Incorporated, and Puritan-Bennett Corporation
Court of Appeals for the Seventh Circuit
Decided January 25, 1999No. 98-2472PublishedCited by 6 opinions
1Opinion of the Court
EASTERBROOK, Circuit Judge.
Nellcor sells the “Clinivision” line of medical software. Clinivision includes a database system copyrighted by Micro Data Base Systems (mdbs), which licensed Nellcor to use the software in applications written for Microsoft’s dos and Windows operating systems. The license has a most-favored-nations clause: mdbs promised Nellcor that it would charge Nellcor the lowest price any similar reseller pays, but it did not promise to charge any particular price in the future. Nellcor promised to affix stickers (which the parties call “tokens”) to every package containing…
2Cases cited5 opinions
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- American Hospital Supply Corp. v. Hospital Products Ltd.Court of Appeals for the Seventh Circuit · 1986
- Illinois Bell Telephone Company, Doing Business as Ameritech Illinois v. Worldcom Technologies, Inc.Court of Appeals for the Seventh Circuit · 1998
- To-Am Equipment Co., Inc. v. Mitsubishi Caterpillar Forklift America, Inc.Court of Appeals for the Seventh Circuit · 1998
- Industrial Representatives, Inc. v. Cp Clare CorporationCourt of Appeals for the Seventh Circuit · 1996
3Cited by6 opinions
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- Philadelphia Parking Authority v. Northwest 15th Street Associates (In Re Northwest 15th Street Associates)United States Bankruptcy Court, E.D. Pennsylvania · 2010
- Wisconsin Electric Power Compa v. Union Pacific Railroad CompanyCourt of Appeals for the Seventh Circuit · 2009
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