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Allied Orthopedic Appliances, Inc. v. Tyco Healthcare Group LP

United States Court of Appeals for the Ninth Circuit

592 F.3d 991 (2010)

Relevant factsFree

After its original sensor patent expired and generic competitors entered, Tyco (defendant) patented a redesigned pulse-oximetry system moving calibration coefficients into the sensors, which improved long-term sensor innovation and costs but made its new monitors incompatible with competitors' generic sensors; hospitals (plaintiffs) sued under § 2 of the Sherman Act after Tyco discontinued its old, generic-compatible system, and the district court granted Tyco summary judgment.

IssueFree

Whether a monopolist's design change that excludes generic-product competition, while providing a new benefit to consumers, violates § 2 of the Sherman Act.

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