Category Archives: Bundled Discounts

Bundled Discount on Blood Cell Growth Factor Products Dismissed

District of NJ Judge Stanley Chesler dismissed a hospital’s claim that Amgen acted anticompetitively by offering a discount on white blood cell growth factorproducts, over which it had market power, only if the purchaser also bought red blood cell growth factor products, on which Amgen competed with other firms.  The court held that as an [...]

Philips Antitrust Counterclaims Against Masimo Postponed Until After Patent Infringement Trial

Update April 2010:  The court denied Philips motion to reconsider and responded to Philips’ argument that it could not make its patent misuse defense without discovery on the antitrust claims by bifurcating and staying discovery on Philips patent misuse as well.
Update March 2010:  The court has agreed to postpone consideration of Philips antitrust counterclaims pending resolution [...]

Ninth Circuit Upholds SJ In Pulse Oximetry Medical Device Case

Upate January 2010:  The Ninth Circuit has again ruled in favor of Tyco in a putative class action filed by Applied Orthopedic Appliances alleging that Tyco had sought to monpolize the medical device market.  The appellate court affirmed summary judgment in favor of Tyco.
In Masimo Corp. v. Tyco Health Care Group LP et al., Ninth Circuit [...]