ROCHE DIAGNOSTICS v. MEDICAL AUTOMATION SYSTEMS

No. 11-1446.

646 F.3d 424 (2011)

ROCHE DIAGNOSTICS CORPORATION, Plaintiff-Appellant, v. MEDICAL AUTOMATION SYSTEMS, INC.; Gregory A. Menke; and Kurt M. Wassenaar, Defendants-Appellees.

United States Court of Appeals, Seventh Circuit.

Decided May 24, 2011.


Attorney(s) appearing for the Case

Michael Rosiello (argued), Attorney, Barnes & Thornburg LLP, Indianapolis, IN, for Plaintiff-Appellant.

John F. Cambria (argued), Attorney, Alston & Bird, New York, NY, Wayne C. Turner , Attorney, Bingham McHale LLP, Indianapolis, IN, for Defendants-Appellees.

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


EASTERBROOK, Chief Judge.

Roche Diagnostics makes glucose monitors and other diabetes-related products that incorporate software written by Medical Automation Systems (MAS). Roche's contract with MAS entitles it to use the software for two years after the contract's initial term (2006 through 2010) and any extension. It also gives Roche a right of first refusal should MAS agree to sell its stock or assets to one of Roche's competitors "during the term of this Agreement...

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