D & S Machine Products, Inc. v. Thyssenkrupp Bilstein of America, Inc.

ALICE M. BATCHELDER, Chief Judge.

Plaintiff D & S Machine Products appeals an award of summary judgment in favor of defendant ThyssenKrupp Bilstein. We AFFIRM in part, REVERSE in part, and REMAND for further proceedings consistent with this opinion.

I

ThyssenKrupp Bilstein (“Bilstein”) provides parts for Mercedes Benz automobiles, among others. Bilstein purchased certain component parts from D & S Machine Products: M-class parts and non-M-class parts (the “M-class” referring to Mercedes M-class automobiles). For the non-M-class parts, Bilstein issued a purchase order to D & S, which serves as…