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SULZER CARBOMEDICS, INC. v. OREGON CARDIO-DEVICES

No. 99-50978.

257 F.3d 449 (2001)

SULZER CARBOMEDICS, INC., Plaintiff-Counter, Defendant-Appellee-Cross-Appellant, v. OREGON CARDIO-DEVICES, INC., Walter Douglas Clark, Northwest Cardio-Devices, Inc., Defendants-Counter Claimants-Cross-Appellees, Saint Jude Medical, Inc., Saint Jude Medical S.C., Inc., Defendants-Appellants-Cross-Appellees.

United States Court of Appeals, Fifth Circuit.

July 10, 2001.

Attorney(s) appearing for the Case

Rosemaire P. Donnelly (argued), Elizabeth Ann Wiley, Kendall Matthew Gray, Andrews & Kurth, Houston, TX, for Sulzer Carbomedics, Inc.

Michael Anthony Lindsay (argued), Dorsey & Whitney, Minneapolis, MN, Patton G. Lochridge, Lisa A. Paulson, McGinnis, Lochridge & Kilgore, Austin, TX, for St. Jude Medical, Inc. and St. Jude Medical S.C., Inc.

John J. McKetta, III, Graves, Dougherty, Hearon and Moody, Austin, TX, for Oregon Cardio Devices, Inc., Walter Clark and Northwest Cardio-Devices, Inc.

Before KING, Chief Judge, WIENER, Circuit Judge, and LYNN, District Judge.

LYNN, District Judge:

Doug Clark is the sole shareholder of two corporations through which he has conducted a business selling medical devices, Oregon Cardio-Devices, Inc. ("OCD") and Northwest Cardio-Devices, Inc. ("NCD") (Doug Clark, OCD and NCD will be collectively referred to in this opinion as "Clark" unless a distinction between them is necessary). In 1996, Clark entered into two agreements with Sulzer Carbomedics ("Carbomedics") to sell Carbomedics's heart...

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