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Nightingale Home Healthcare, Inc. v. Anodyne Therapy, LLC

626 F.3d 958 (7th Cir. 2010)

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Nightingale Home Healthcare, Inc. v. Anodyne Therapy, LLC

United States Court of Appeals for the Seventh Circuit

626 F.3d 958 (7th Cir. 2010)

Facts

Anodyne Therapy, LLC (defendant) was a medical-device manufacturer. Nightingale Home Healthcare, Inc. (plaintiff) was a home-healthcare provider that purchased infrared lamps from Anodyne for use by Nightingale patients. Following a price dispute with Anodyne, Nightingale brought a Lanham Act suit against Anodyne, alleging that Anodyne’s sales representatives had falsely represented that the lamps had been approved by the Food and Drug Administration for the treatment of a particular illness. The district court found that Nightingale’s Lanham Act claim had no merit and had been brought in an effort to coerce a price reduction from Anodyne. The court granted summary judgment in favor of Anodyne and also granted Anodyne’s request for attorneys’ fees. Nightingale appealed the award of attorneys’ fees, alleging that it was unjustified under the provisions of the Lanham Act.

Rule of Law

Issue

Holding and Reasoning (Posner, J.)

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