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designated Alcon P.R. as Avitene’s manufacturer. The labels
read:
Manufactured by: Alcon P.R.
Humacao, Puerto Rico 00661
For: MedChem P.R.
Humacao, Puerto Rico 00661
Distributed by: MedChem U.S.A.
Woburn, Massachusetts 01801
Neither petitioner acquired under the asset purchase
agreements Alcon P.R.’s Avitene-manufacturing facility in Humacao
or the right to market, distribute, or sell Avitene in Japan.4
That right to the Japanese market was initially retained by Alcon
Pharmaceuticals, which, during the period of retention, purchased
Avitene for the Japanese market from MedChem P.R. Alcon P.R.
manufactured the Avitene sold to Alcon Pharmaceuticals and
treated it the same as all other Avitene for purposes of
scheduling, planning and buying, manufacturing, and quality
control.
The respective parties to the non-competition agreements
were: (1) MedChem U.S.A. and Alcon Labs, (2) MedChem U.S.A. and
Alcon Pharmaceuticals, and (3) MedChem U.S.A. and Alcon P.R.
Under these agreements, the Alcon Entities generally promised not
to manufacture, market, or sell any product having the same or
4 Neither petitioner has ever had an Avitene manufacturing
facility in Puerto Rico.
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Last modified: May 25, 2011