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NELLCOR PURITAN BENNETT LLC v. CAS MEDICAL SYSTEMS

Case No. 2:11-cv-15697.

11 F.Supp.3d 861 (2014)

NELLCOR PURITAN BENNETT LLC, Plaintiff, v. CAS MEDICAL SYSTEMS, INC., Defendant.

United States District Court, E.D. Michigan, Southern Division.

Signed March 28, 2014.

Attorney(s) appearing for the Case

Celine J. Crowson, Raymond A. Kurz, Hogan Lovells US LLP, Washington, DC, Dean W. Amburn, Jeffrey A. Sadowski, Howard & Howard Attorneys PLLC, Royal Oak, MI, for Plaintiff.

Edward Wood Dunham, John Doroghazi, Wiggin and Dana LLP, New Haven, CT, Homayune A. Ghaussi, William R. Jansen, Warner, Norcross, Southfield, MI, for Defendant.

OPINION AND ORDER

SEAN F. COX, District Judge.

This case involves claims of false advertising under the Lanham Act and Michigan law.

Plaintiff Nellcor and Defendant CAS Medical Systems Inc. ("CAS") are direct competitors in the manufacture and sale of cerebral oximeters. A cerebral oximeter is a device used by surgeons and anesthesiologists to monitor the oxygen level of blood in the brain. More specifically, cerebral oximeters measure the...

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