Sherman Silverstein is proud to recognize attorney Alan C. Milstein for securing an important victory on behalf of clients in a federal antitrust lawsuit involving the medical technology industry.
In Gerten et al. v. Laborie Medical Technologies Corp., a judge in the U.S. District Court for the District of New Hampshire denied Laborie Medical Technologies Corp.’s motion to dismiss claims brought by a Minnesota physician and Gemini Medical Technologies LLC. The ruling allows the plaintiffs’ antitrust claims to proceed.
The lawsuit alleges that Laborie used radio-frequency identification, or RFID, technology in its urodynamics systems to prevent healthcare providers from using compatible single-use catheters manufactured by competitors. According to the complaint, the technology required providers using Laborie’s equipment to purchase Laborie’s T-DOC Urodynamic Catheters rather than lower-priced alternatives, including catheters offered by Gemini.
The plaintiffs allege that this practice restricted competition and forced healthcare providers to pay higher prices. The court found that the complaint sufficiently alleged anticompetitive tying and illegal monopolization to move forward.
In her ruling, U.S. District Judge Landya McCafferty determined that it was plausible to infer that Laborie used its position in the urodynamics systems market to limit competition in the market for air-charged catheters. The court also found that the plaintiffs’ allegations could support an inference that the RFID technology was implemented to preserve Laborie’s control over catheter pricing and competition.
While the decision does not resolve the ultimate merits of the case, it represents a significant procedural victory for the plaintiffs and clears the way for the litigation to advance.
“We certainly are pleased with the decision. Now comes the hard work,” Alan told Law360 following the ruling.
Alan represents the plaintiffs alongside Michael S. Lewis of Rath Young and Pignatelli PC.
A Dedicated Advocate and Community Leader
Alan’s work on this case reflects the thoughtful, determined advocacy he has demonstrated throughout his distinguished career. He is nationally recognized for handling complex litigation at the intersection of law, medicine, science, and technology. His experience and leadership allow him to navigate challenging legal issues while remaining focused on the people and businesses affected by them.
Beyond his legal practice, Alan is a respected leader in the South Jersey community. His professional accomplishments, community involvement, and commitment to advancing justice exemplify the values that guide Sherman Silverstein.
We are proud to have Alan as part of our firm and congratulate him and the entire legal team on this important development.
At Sherman Silverstein, we are committed to providing strategic, diligent, and client-focused representation. Whether a matter involves complex commercial litigation, emerging technology, healthcare, or another sophisticated legal issue, our attorneys work tirelessly to protect our clients’ interests and pursue meaningful results.
Read more about the court’s decision in Law360’s coverage of the case.
