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ALLIED ORTHOPEDIC v. TYCO HEALTH CARE GROUP

Nos. 08-56314, 08-56315.

592 F.3d 991 (2010)

ALLIED ORTHOPEDIC APPLIANCES INC., on behalf of itself and all others similarly situated; Brooks Memorial Hospital Inc.; Deborah Heart and Lung Center; North Bay General Hospital Inc.; South Jersey Hospital Inc., Plaintiffs-Appellants, v. TYCO HEALTH CARE GROUP LP, a Delaware partnership; Mallinckrodt Incorporated, a Delaware Corporation, Defendants-Appellees. Allied Orthopedic Appliances Inc., on behalf of itself and all others similarly situated, Plaintiff, and Natchitoches Parish Hospital Service District, Plaintiff-Appellant, v. Tyco Health Care Group LP, a Delaware partnership; Mallinckrodt Incorporated, a Delaware corporation, Defendants-Appellees.

United States Court of Appeals, Ninth Circuit.

Decided January 6, 2010.

Attorney(s) appearing for the Case

Herbet E. Milstein, Cohen Milstein Sellers & Toll PLLC, Washington, DC; and Bruce E. Gerstein and Joseph Opper, Garwin Gerstein & Fisher LLP, New York, NY, for the Plaintiffs-Appellants.

Theodore B. Olson, Christopher D. Dusseault, and Margaret A. Farrand, Gibson Dunn & Crutcher LLP, Los Angeles, CA, for the Defendants-Appellees.

Before: DAVID R. THOMPSON and BARRY G. SILVERMAN, Circuit Judges, and SUSAN R. BOLTON, District Judge.

SILVERMAN, Circuit Judge:

Plaintiffs in this antitrust suit are a group of hospitals and other health care providers that purchased pulse oximetry sensors from Tyco Healthcare Group LP after November 2003. They allege that they overpaid for the sensors because Tyco used two kinds of marketing agreements to foreclose competition from generic sensor manufacturers in violation of Section 1 of the Sherman Act, 15 U.S.C. §...

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