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LENOX MACLAREN SURGICAL CORP. v. MEDTRONIC, INC.

No. 13-1307.

762 F.3d 1114 (2014)

LENOX MacLAREN SURGICAL CORPORATION, Plaintiff-Appellant, v. MEDTRONIC, INCORPORATED, a Minnesota corporation; Medtronic Sofamor Danek, Incorporated, an Indiana corporation; Medtronic PS Medical, Incorporated, d/b/a Medtronic Neurologic Technologies, a California corporation; Medtronic Sofamor Danek Co., Ltd, Defendants-Appellees.

United States Court of Appeals, Tenth Circuit.

August 5, 2014.

Attorney(s) appearing for the Case

Henk Brands , Washington, DC ( G. Stephen Long and Nicole A. Westbrook , Jones & Keller, Denver, CO, on the briefs), for Plaintiff-Appellant.

Pratik Shah ( Z.W. Julius Chen and C. Fairley Spillman , Washington, DC; Michael Simons and David C. Lawrence , Austin, TX, on the briefs), Akin Gump Strauss Hauer & Feld LLP, for Defendants-Appellees.

Before HOLMES, McKAY, and BACHARACH, Circuit Judges.

BACHARACH, Circuit Judge.

Lenox MacLaren Surgical Corporation manufactures bone mills, which are medical devices used in spinal-fusion surgery. In 2000, Lenox began to sell some of its bone mills through a Medtronic entity, Medtronic Sofamor Danek USA. The arrangement ended badly: Medtronic Sofamor Danek USA initiated a recall of Lenox's bone mills, and another Medtronic entity began to manufacture and sell its own bone mill. The result, according to Lenox, was that...

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