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PARADIGM BIODEVICES, INC. v. VISCOGLIOSI BROS.

No. 11 Civ. 3489 (RJH) (MHD).

842 F.Supp.2d 661 (2012)

PARADIGM BIODEVICES, INC., Plaintiff, v. VISCOGLIOSI BROTHERS, LLC, Viscogliosi & Company, LLC, Paradigm Spine, LLC, Centinel Spine, Inc., John J. Viscogliosi, and Anthony G. Viscogliosi, Defendants.

United States District Court, S.D. New York.

February 3, 2012.

Attorney(s) appearing for the Case

Lawrence Glen Green , Michael K. Sugrue , Burns & Levinson LLP, Stephen Y. Chow, Perkins Smith & Cohen LLP, Boston, MA, for Plaintiff.

Ann Lauren Carpenter , Timothy D. Katsiff , Morgan, Lewis & Bockius LLP, Philadelphia, PA, Bernard J. Garbutt, III , Nicholas Schretzman , Tyler Brody , Morgan, Lewis and Bockius LLP, New York, NY, for Defendants.

MEMORANDUM OPINION AND ORDER

RICHARD J. HOLWELL, District Judge:

Plaintiff Paradigm BioDevices, Inc. ("Paradigm") is a Massachusetts corporation that entered a distribution agreement with U.K. company Surgicraft, Ltd. ("Surgicraft"), which had since been acquired by defendant Centinel Spine, Inc. ("Centinel"). A dispute arose over whether Paradigm, the distributor, was entitled to a termination payment from Sugicraft, the manufacturer, in the event...

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