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Roche Diagnostics v. Medical Automation

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ARGUED MAY 9, 2011 DECIDED MAY 24, 2011†

Before EASTERBROOK, Chief Judge, and WOOD and WILLIAMS, Circuit Judges.

Roche Diagnostics makes glucose monitors and other diabetes-related products that incorporate software written by Medical Automation Systems (MAS). Roche’s contract with MAS entitles it to use the soft-ware for two years after the contract’s initial term (2006 through 2010) and any extension. It also gives Roche a right of first refusal should MAS agree to sell its stock or assets to one of Roche’s competitors “during the term of this Agreement.” MAS notified Roche that it would not extend the contract after the original expiration date. Roche learned that investors in † This opinion is being released in typescript. A printed copy will follow.

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