United States v. Boston Scientific Corp.

MEMORANDUM AND ORDER

SARIS, District Judge.

I. INTRODUCTION

The government brings this action for civil penalties and equitable relief against defendant Boston Scientific Corporation (“BSC”) alleging that it violated a consent order of the Federal Trade Commission that was designed to ensure competition in the intravascular ultrasound (“IVUS”) catheter market.

Defendant moves to dismiss the complaint under Fed.R.Civ.P. 12(b)(6) while the government moves for partial summary judgment. Defendant’s motion to dismiss (Docket # 9) is DENIED on Counts 1 and 5, and ALLOWED on Counts 2 to 4. Plaintiffs…