MICRO DATA BASE SYSTEMS v. NELLCOR PURITAN BENNETT

No. 98-2472.

165 F.3d 1154 (1999)

MICRO DATA BASE SYSTEMS, INCORPORATED, Plaintiff-Appellee, v. NELLCOR PURITAN BENNETT, INCORPORATED, and Puritan-Bennett Corporation, Defendants-Appellants.

United States Court of Appeals, Seventh Circuit.

Decided January 25, 1999.


Attorney(s) appearing for the Case

William P. Kealey (argued), Stuart & Branigin, Lafayette, IN, for Plaintiff-Appellee.

Gary P. Price (argued), Lewis & Kappes, Indianapolis, IN, for Defendants-Appellants.

Before HARLINGTON WOOD, JR., EASTERBROOK, and MANION, Circuit Judges.


EASTERBROOK, Circuit Judge.

Nellcor sells the "Clinivision" line of medical software. Clinivision includes a database system copyrighted by Micro Data Base Systems (MDBS), which licensed Nellcor to use the software in applications written for Microsoft's DOS and Windows operating systems. The license has a most-favored-nations clause: MDBS promised Nellcor that it would charge Nellcor the lowest price any similar reseller pays, but it did not promise to charge any...

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