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U.S. v. BOSTON SCIENTIFIC CORP.

No. 00CV12247.

167 F.Supp.2d 424 (2001)

UNITED STATES of America, Plaintiff v. BOSTON SCIENTIFIC CORPORATION, Defendant

United States District Court, D. Massachusetts.

September 28, 2001.

Attorney(s) appearing for the Case

Anita Johnson, U.S. Attorney's Office, Boston, MA, for plaintiff.

Kurt W. Lockwood, Steven M. Bauer, Testa, Hurwitz & Thibeault, Boston, MA, Robert F. Ruyak, Alan M. Wiseman, P. Todd Mullins, Douglas S. Onley, Howrey Simon Arnold & White, LLP, Washington, DC, for defendant.

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...

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