WASHINGTON, D.C. (May 14, 2009) — McDermott Will & Emery today announced it had achieved a significant victory in a three-year antitrust case brought by Cyntegra, Inc. against Firm client IDEXX Laboratories, Inc., a worldwide leader in the development and distribution of products and services in veterinary products. The U.S. Court of Appeals for the 9th Circuit handed down the decision in IDEXX's favor on April 20, 2009, affirming a prior grant of summary judgment on all of the plaintiff's federal antitrust and related state law claims.
The dispute stems from Cyntegra's contention that IDEXX had violated federal antitrust laws and related state law claims through the use of exclusive distribution agreements and illegal tying arrangements that foreclosed Cyntegra's entrance into the alleged veterinary diagnostics market. Cyntegra filed suit in June 2006 in the Central District of California. Following the conclusion of discovery, the court granted IDEXX's motion for summary judgment in October 2007. Previously, McDermott had successfully defeated Cyntegra's motion for preliminary injunction.
On appeal, the 9th Circuit unanimously affirmed the trial court's decision to grant IDEXX's motion for summary judgment on all eight claims.
The inter-office team responsible for this victory spans the nation, including Robert P. Mallory, senior counsel based in the Firm's Los Angeles office and a member of the Trial Department; Craig P. Seebald, a partner based in the Washington, D.C. office and a member of the Antitrust and Competition Practice Group; William Diaz, a partner in the Orange County office and a member of the Antitrust and Competition Practice Group; and Hillary A. Webber, an associate in the Washington, D.C. office and member of the Antitrust and Competition Practice Group.
McDermott Will & Emery is a leading international law firm with a diversified business practice. We represent a wide range of commercial, industrial and financial enterprises, both publicly and privately held. Our clientele include some of the world's largest corporations, small and medium-sized businesses, and individuals.