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PFIZER, INC. v. STRYKER CORP.

No. 02 Civ.8613(LAK).

348 F.Supp.2d 131 (2004)

PFIZER, INC., et ano., Plaintiffs, v. STRYKER CORPORATION, et ano., Defendants.

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

December 2, 2004.

Attorney(s) appearing for the Case

Charles B. Updike, Beth L. Kaufman, Schoeman, Updike & Kaufman, LLP, New York, NY, for Plaintiffs.

Herbert J. Stern, Joel M. Silverstein, Stern & Kilcullen, Roseland, NJ, for Defendants.

MEMORANDUM OPINION (Corrected)

KAPLAN, District Judge.

In 1998, Pfizer, Inc. and MTG Divestitures, Inc. (collectively "Pfizer") sold its prosthetic joint and implant business to Stryker Corp. and Howmedica Osteonics Corp. (collectively "Stryker") for $1.6 billion. The pertinent agreements provided, broadly speaking, that Pfizer would retain liability for third party product liability claims arising in respect of prosthetic joints sold prior to the closing...

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