Legal Opinion

Allied Orthopedic Appliances Inc. v. Tyco Health Care Group LP

Court of Appeals for the Ninth Circuit

Decided January 6, 2010No. 08-56314, 08-56315PublishedCited by 63 opinions

1Opinion of the Court

SILVERMAN, Circuit Judge:

Plaintiffs in this antitrust suit are a group of hospitals and other health care providers that purchased pulse oximetry sensors from Tyco Healthcare Group LP after November 2003. They allege that they overpaid for the sensors because Tyco used two kinds of marketing agreements to foreclose competition from generic sensor manufacturers in violation of Section 1 of the Sherman Act, 15 U.S.C. § 1. They also allege that by introducing OxiMax, a patented pulse oximetry system that is incompatible with generic sensors, Tyco unlawfully maintained its monopoly over the…

2Cases cited11 opinions

  1. Roland MacHinery Company v. Dresser Industries, Inc.Court of Appeals for the Seventh Circuit · 1984
  2. Tampa Electric Co. v. Nashville Coal Co.Supreme Court of the United States · 1961
  3. United States v. Microsoft Corp.Court of Appeals for the D.C. Circuit · 2001
  4. Berkey Photo, Inc., Plaintiff-Appellee-Cross v. Eastman Kodak Company, Defendant-Appellant-CrossCourt of Appeals for the Second Circuit · 1979
  5. California Computer Products, Inc. And Century Data Systems, Inc., Plaintiffs v. International Business MacHines CorporationCourt of Appeals for the Ninth Circuit · 1979

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3Cited by63 opinions

  1. Stacie Somers v. Apple, Inc.Court of Appeals for the Ninth Circuit · 2013
  2. New York Ex Rel. Schneiderman v. Actavis PLCCourt of Appeals for the Second Circuit · 2015
  3. FTC v. Qualcomm Inc.Court of Appeals for the Ninth Circuit · 2020
  4. Aerotec International, Inc. v. Honeywell International, Inc.Court of Appeals for the Ninth Circuit · 2016
  5. Name.Space, Inc. v. Internet Corp. for Assigned Names & NumbersCourt of Appeals for the Ninth Circuit · 2015

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