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BIOMET ORTHOPEDICS v. TACT MED. INSTRUMENTS

No. 05-3242, 05-3351.

454 F.3d 653 (2006)

BIOMET ORTHOPEDICS, INC., Plaintiff-Appellee, Cross-Appellant, v. TACT MEDICAL INSTRUMENTS, INC., Defendant-Appellant, Cross-Appellee.

United States Court of Appeals, Seventh Circuit.

Decided July 19, 2006.

Attorney(s) appearing for the Case

H. Roderic Heard (argued), Wildman, Harrold, Allen & Dixon, Chicago, IL, for Plaintiff-Appellee.

Carl Pipoly (argued), Pipoly Law Offices, San Antonio, TX, for Defendant-Appellant.

Before EASTERBROOK, ROVNER, and EVANS, Circuit Judges.

EASTERBROOK, Circuit Judge.

For 12 years TACT Medical was the exclusive distributor in Japan of medical devices made by Biomet Orthopedics. At the conclusion of its distributorship in February 2001, TACT had a choice under § 2.3 of the contract:

[After] this Agreement has been terminated . . . TACT may at its sole discretion continue distribution of the Products and parts which TACT owns in its inventories and/or request BIOMET to repurchase those Products...

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