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HERAEUS MEDICAL, LLC v. ZIMMER, INC.

Court of Appeals Case No. 18A-PL-1823.

123 N.E.3d 158 (2019)

HERAEUS MEDICAL, LLC, a Delaware Limited Liability Company; Devin Childers, an individual; Robert Kolbe, an individual; James "Worth" Burns, an individual; Paul Cruz, an individual; and Kyle Kolbe, an individual, Appellants-Defendants, v. ZIMMER, INC., a Delaware corporation d/b/a Zimmer Biomet, and Zimmer US, Inc., a Delaware corporation, Appellees-Plaintiffs.

Court of Appeals of Indiana.

FILED April 15, 2019.

Attorney(s) appearing for the Case

Attorneys for Appellants: Damon R. Leichty , Barnes & Thornburg LLP, South Bend, Indiana, Gerald E. Burns , Buchanan Ingersoll & Rooney, PC, Philadelphia, Pennsylvania.

Attorneys for Appellees: Joshua B. Fleming , Lucy R. Dollens , Quarles & Brady LLP, Indianapolis, Indiana.

Case Summary

Beginning in 2012, Heraeus Medical GmbH and Zimmer Surgical, Inc., had an agreement pursuant to which Zimmer Surgical had exclusive United States distribution rights to certain bone cements manufactured by Heraeus Medical GmbH and sold under the brand name Palacos ("the Distribution Agreement"). Zimmer Surgical...

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