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persons or entity's in the United States who directly purchased traditional blood reagents from Immucor and/or Ortho between January 1, 2000 and February 23, 2012.
immunohematology products designed and manufactured to test, match, detect, screen, diagnose and/or otherwise identify certain properties of the cell and serum components of human blood. Traditional blood reagents, as used herein, are blood reagents that are primarily used to test blood manually in test tubes. In contrast, proprietary blood reagents, as used herein, are blood reagents that are primarily used to test blood in automated and/or semi-automated platforms. Proprietary reagents sold by Defendants include, but are not limited to, Ortho’s ID- MTS gel products and Immucor’s Capture products. For purposes of this litigation, the definition of traditional blood reagents does not include Ortho’s 0.8% red blood cell reagents. The term “Blood Reagents” includes both traditional blood reagents and proprietary blood reagents, as well as Ortho’s 0.8% red blood cell reagents.
This lawsuit was filed by a group of Plaintiffs or Class Representatives, individually and as representatives of all persons in the United States who purchased traditional blood reagents directly from the Defendants. The lawsuit asserts that, as a result of the alleged conduct of the Defendants, the prices paid to the Defendant traditional blood reagents manufacturers for traditional blood reagents were higher than they otherwise would have been. The lawsuit seeks treble (triple) damages, attorneys’ fees and costs from Defendants. U.S. District Court Judge Jan E. DuBois is the Judge overseeing this lawsuit.
Several lawsuits were originally filed beginning in May 2009 and the cases were consolidated before Judge DuBois in the Eastern District of Pennsylvania. In February 2010, Plaintiffs filed a consolidated amended complaint against the Defendants. Between March and July 2010, Defendants moved to dismiss the Complaint, and the Court denied those motions in August 2010. The Plaintiffs reached a settlement with Immucor in the amount of $22,000,000 on January 11, 2012. This settlement was granted preliminary approval by the Court on March 5, 2012.
Immucor, Inc. and Ortho-Clinical Diagnostics, Inc.