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DELAWARE VALLEY SURGICAL v. JOHNSON & JOHNSON

No. 08-55105.

523 F.3d 1116 (2008)

DELAWARE VALLEY SURGICAL SUPPLY INC.; Niagara Falls Memorial Medical Center, Plaintiffs-Appellees, Bamberg County Memorial Hospital & Nursing Center, Plaintiff-Appellant, v. JOHNSON & JOHNSON; Johnson & Johnson Health Care Systems Inc.; Ethicon Inc.; Ethicon Endo Surgery Inc., Defendants-Appellants.

United States Court of Appeals, Ninth Circuit.

Filed April 30, 2008.

Attorney(s) appearing for the Case

David M. Schiffman, Sidley Austin LLP, Chicago, IL, for defendant-appellant.

Russell T. Burke, Nexsen Pruet, LLC, Columbia, SC, for plaintiff-appellant.

Daniel Berger, Eric L. Cramer, Peter Kohn, and Keith J. Verrier, Berger & Montague, P.C., Philadelphia, PA; Gretchen M. Nelson, Kreindler & Kreindler LLP, Los Angeles, CA, for the plaintiff-appellee.

Before: ALFRED T. GOODWIN, HARRY PREGERSON, and D.W. NELSON, Circuit Judges.

D.W. NELSON, Senior Circuit Judge:

This appeal stems from a disagreement between two different groups of plaintiffs about who has standing as a "direct purchaser" to bring a claim under federal antitrust laws. One group consists of Delaware Valley Surgical Supply Company, Inc., ("DVSS") and Niagara Falls Memorial Medical Center ("Niagara"). They are both entities that bought medical supplies directly from Johnson & Johnson...

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