Klem v. E.I. DuPont De Nemours Co.

PATRICK E. HIGGINBOTHAM, Circuit Judge:

E.I. DuPont De Nemours & Co. produces a substance called Teflon. Another company, Vitek, purchased and altered DuPont’s Teflon to create a new, patented material, Proplast, which Vitek used to make medical implants. DuPont warned Vitek of failed experiments in the past using Teflon in implants and required Vitek to take full responsibility for the results of its efforts. Vitek accepted this responsibility. DuPont had no financial interest in Vitek.

Plaintiffs sued DuPont, complaining that they received Vitek implants and suffered injuries from failures of…