Neurotron Inc. v. Medical Service Association of Pennsylvania, Inc., T/a Pennsylvania Blue Shield Highmark, Inc

OPINION OF THE COURT

STAPLETON, Circuit Judge:

Neurotron, Inc. (“Neurotron”) is a Maryland corporation which manufactures an electrodiagnostic medical testing device known as the Neurometer CPT (“Neurom-eter”). Highmark, Inc. (“Highmark”) 1 is a Pennsylvania corporation engaged in the operation of nonprofit health care plans. Neurotron alleges that a passage in High-mark’s newsletter, Policy Review and News (“PRN”), commercially disparaged the Neurometer. Highmark successfully moved for summary judgment. Neurotron appeals. We will affirm.

I

The Neurometer tests a patient’s ability to perceive…