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LIFEWATCH SERVICES INC. v. HIGHMARK INC.

No. 17-1990.

902 F.3d 323 (2018)

LIFEWATCH SERVICES INC., Appellant, v. HIGHMARK INC.; Blue Cross & Blue Shield Association; Wellpoint Inc.; Horizon Blue Cross Blue Shield of New Jersey; Blue Cross & Blue Shield of South Carolina; Blue Cross & Blue Shield of Minnesota.

United States Court of Appeals, Third Circuit.

Opinion filed: August 28, 2018.

Attorney(s) appearing for the Case

Gary M. Elden, Esquire (Argued), Anna S. Knight, Esquire , Shook, Hardy & Bacon, 111 South Wacker Drive, 51st Floor, Chicago, IL 60606, Michael J. McCarrie, Esquire , Artz McCarrie Health Law, 1500 Market Street, Centre Square, West Tower, Suite 4100, Philadelphia, PA 19102, Counsel for Appellant.

Sheryl L. Axelrod, Esquire , The Axelrod Firm, The Beasley Building, 1125 Walnut Street, Philadelphia, PA 19107, Sarah J. Donnell, Esquire , Daniel E. Laytin, Esquire (Argued), David J. Zott, Esquire , Kirkland & Ellis, 300 North LaSalle Street, Suite 2400, Chicago, IL 60654, Counsel for Appellee Blue Cross & Blue Shield Association.

Justin W. Bernick, Esquire , John R. Robertson, Esquire , Hogan Lovells US LLP, 555 Thirteenth Street, N.W., Columbia Square, Washington, DC 20004, Stephen A. Loney, Jr., Esquire , Hogan Lovells US LLP, 1735 Market Street, 23rd Floor, Philadelphia, PA 19103, Counsel for Appellees Wellpoint Inc.; Horizon Blue Cross Blue Shield of New Jersey, Blue Cross & Blue Shield of South Carolina; Blue Cross & Blue Shield of Minnesota.

Before: AMBRO, RESTREPO, and FUENTES, Circuit Judges.

OPINION OF THE COURT

The seller of a medical device, believing it was shut out of the market for it, brought suit on federal antitrust grounds against associated health insurance companies. The claim was that they shielded themselves from patient demand for the seller's device by agreeing to deny coverage

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