Richard A. Balderston, M.D. v. Medtronic Sofamor Danek, Inc. Acromed Corporation

OPINION OF THE COURT

SCIRICA, Circuit Judge.

This is an appeal in a diversity case from an order dismissing a physician’s deceptive marketing claim under the Pennsylvania Unfair Trade Practices and Consumer Protection Law (CPL) for lack of standing. We will affirm.

I

Richard Balderston is a Philadelphia orthopedic surgeon who specializes in spinal surgery. Medtronic Sofamor Danek, Inc. and Acromed Corp. manufacture a device commonly known as a “bone screw” or “pedicle screw.” 1 From 1985, Dr. Balder-ston began employing these screws in spinal fusion surgeries, believing that pedicle screws were…