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WAYS & MEANS, INC. v. IVAC CORP.

No. C-76-2017 WHO.

506 F.Supp. 697 (1979)

WAYS & MEANS, INC., a corporation, and Labcon, Inc., a corporation, Plaintiffs, v. IVAC CORPORATION, a corporation, Defendant.

United States District Court, N. D. California.

June 18, 1979.

Attorney(s) appearing for the Case

Jerrold N. Offstein, John H. Boone, Boone, Schatzel, Hamrick & Knudsen, San Francisco, Cal., for plaintiffs.

Richard J. Archer, Sullivan, Jones & Archer, San Francisco, Cal., MacDonald, Halsted & Laybourne, Los Angeles, Cal., for defendant.

OPINION

ORRICK, District Judge.

This case tests the propriety of certain marketing devices employed in a relatively new area of the health care industry by defendant, IVAC Corporation ("IVAC"), a Delaware corporation based in San Diego, California, which manufactures and sells electronic thermometers. These instruments, described in more detail below, record human temperatures through use of a temperature-sensitive probe sheathed in a disposable plastic...

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