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We think that Wildt neglected the importance of the
likelihood that Scherer possessed sensitive information
concerning Old Lorvic's business operations such as the
profitability of Lorvic's product lines, and the identities of
the suppliers and distributors. Richard Nemanick's testimony at
trial established that the monthly reports on Old Lorvic's
operations, which included its top 10 products and its major
customers, were prepared and circulated to Scherer. Also, the
testimony reflects that Richard Nemanick frequently discussed the
contents of these reports with the Scherer managers.
Therefore, we do not find the contributions of any of the
experts to be, ultimately, dispositive of the issue before us.
We, consequently, address the issue on the basis of the record
before us.
At the date of the 1989 transaction, Scherer was actively
engaged in the international research, development, manufacture,
and distribution of drug delivery systems which, in turn, were
marketed through distributor networks. Scherer possessed
affiliates which were involved in businesses in the health care
field. It was a large, well-capitalized, multinational
corporation, with production facilities, distribution networks,
and an extensive brand name recognition among health care
professionals. Accordingly, Scherer with its marketing expertise
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