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JOHNSON & JOHNSON v. GUIDANT CORP.

No. 06 Civ. 7685(GEL).

525 F.Supp.2d 336 (2007)

JOHNSON & JOHNSON, a New Jersey Corporation, Plaintiff, v. GUIDANT CORPORATION, an Indiana Corporation, Boston Scientific Corporation, a Delaware Corporation, and Abbott Laboratories, an Illinois Corporation, Defendants.

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

August 29, 2007.

Attorney(s) appearing for the Case

Harold P. Weinberger and Timothy J. Helwick, Kramer Levin Naftalis & Frankel LLP, New York, NY, for plaintiff.

Stuart J. Baskin, John Gueli, Daniel Schimmel, and Daniel M. Segal, Shearman & Sterling LLP, New York, NY, for defendants Guidant Corporation and Boston Scientific Corporation.

Cyrus R. Vance, Jr., and Stephen M. Juris, Morvillo, Abramowitz, Grand, Jason, Anello & Bohrer, P.C., New York, NY, and Jeffrey L. Weinberger, Kelly M. Klaus, and Andrew M. Song, Munger, Tolles & Olson LLP, Los Angeles, CA, for, defendant Abbott Laboratories.

OPINION AND ORDER

GERARD E. LYNCH, District Judge.

This case arises from a proposed merger that left plaintiff Johnson & Johnson ("J & J") with a broken heart. The object of J & J's affections, Guidant Corporation ("Guidant"), was instead acquired by defendant Boston Scientific Corporation ("BSC"), except for a piece of Guidant's business that was divested to defendant Abbott Laboratories ("Abbott"). J & J claims that a merger agreement between...

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