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ORTHO DIAGNOSTIC SYSTEMS v. ABBOTT LABORATORIES

No. 93 Civ. 2656(LAK).

920 F.Supp. 455 (1996)

ORTHO DIAGNOSTIC SYSTEMS, INC., Plaintiff, v. ABBOTT LABORATORIES, INC., Defendant.

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

As Corrected March 22, 1996.

Attorney(s) appearing for the Case

Robert M. Heller, Jonathan M. Wagner, Kramer, Levin, Naftalis, Nessen, Kamin & Frankel, New York City, for Plaintiff.

Jeffrey I. Weinberger, Steven M. Perry, Henry Weissmann, Garth T. Vincent, Munger, Tolles & Olson, Los Angeles, Charles Carberry, Jonathan Lederman, Jones, Day, Reavis & Pogue, New York City, for Defendant.

AMENDED OPINION

KAPLAN, District Judge.

This case reflects the competitive struggle between two powers in the sale of test products used in screening the blood supply for the presence of viruses. Defendant Abbott Laboratories, Inc. ("Abbott"), in the period at issue, was stronger than plaintiff Ortho Diagnostic Systems, Inc. ("Ortho"), a subsidiary of Johnson & Johnson in the sense that Abbott alone manufactured...

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