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NYCOMED US INC. v. ABBOTT LABORATORIES

No. 07-3364.

542 F.3d 1129 (2008)

NYCOMED US INC., Plaintiff-Appellant, v. ABBOTT LABORATORIES, Defendant-Appellee.

United States Court of Appeals, Seventh Circuit.

Decided September 8, 2008.

Attorney(s) appearing for the Case

Luke DeGrand (argued), DeGrand & Wolfe, Chicago, IL, for Plaintiff-Appellant.

Alan W. Nicgorski (argued), Scandaglia & Ryan, Chicago, IL, for Defendant-Appellee.

Before EASTERBROOK, Chief Judge, and WOOD and WILLIAMS, Circuit Judges.

WOOD, Circuit Judge.

Nycomed US Inc. (to which we refer as "Altana," its name at the time of this suit) manufactures and sells erythromycin ophthalmic ointment, which is used to prevent and treat eye infections. To manufacture the ointment, Altana uses erythromycin powder supplied by defendant Abbott Laboratories ("Abbott"). On one occasion, Abbott supplied to Altana a batch of defective erythromycin. Under the supervision

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