GEOMATRIX, LLC v. NSF INTERN.

No. 22-1947.

82 F.4th 466 (2023)

GEOMATRIX, LLC, Plaintiff-Appellant, v. NSF INTERNATIONAL; BioMicrobics, Incorporated; Hoot Systems, LLC; James Bell, Defendants-Appellees.

United States Court of Appeals, Sixth Circuit.

Decided and Filed: September 12, 2023.


Attorney(s) appearing for the Case

ARGUED: Devon P. Allard , Daniel L. Ravitz , THE MILLER LAW FIRM, P.C., Rochester, Michigan, for Appellant. Patrick M. McCarthy , HOWARD & HOWARD ATTORNEYS PLLC, Royal Oak, Michigan, for Appellee NSF International. ON BRIEF: Devon P. Allard , E. Powell Miller , Kevin F. O'Shea , THE MILLER LAW FIRM, P.C., Rochester, Michigan, for Appellant. Patrick M. McCarthy , Jonathan F. Karmo , HOWARD & HOWARD ATTORNEYS PLLC, Royal Oak, Michigan, for Appellee NSF International. William S. Cook , Matthew J. High , WILSON ELSER MOSKOWITZ EDELMAN & DICKER LLP, Livonia, Michigan, for Appellees BioMicrobics and James Bell. Fred K. Herrmann , Matthew L. Powell , KERR, RUSSELL AND WEBER, PLC, Detroit, Michigan, for Appellee Hoot Systems, LLC.

GRIFFIN, J., delivered the opinion of the court in which McKEAGUE, J., joined and MURPHY, J., joined in part. MURPHY, J. (pp. 490-92), delivered a separate concurring opinion.


OPINION

Plaintiff Geomatrix sells a septic system that substantially differs from those sold by its competitors. It asserts defendants, those competitors and NSF International (the primary standard-setting organization for the wastewater product industry), conspired to exclude its unique system from the marketplace...

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