Posts tagged "1215616"

OBP Corporation v. Welch Allyn, Inc. (Lawyers Weekly No. 12-156-16)

COMMONWEALTH OF MASSACHUSETTS SUFFOLK, ss. SUPERIOR COURT CIVIL ACTION NO. 2016-01496-BLS1 OBP CORPORATION d/b/a OBP MEDICAL vs. WELCH ALLYN, INC. MEMORANDUM OF DECISION AND ORDER ON WELCH ALLYN, INC.’S MOTION TO DISMISS PLAINTIFF’S FIRST AMENDED COMPLAINT Defendant, Welch Allyn, Inc., allegedly misappropriated confidential business information belonging to plaintiff OBP Corporation. The confidential business information was a list of OBP’s customer names, along with confidential sales information. Welch Allyn obtained the confidential information from Owens & Minor, Inc., OBP’s primary distributor. Welch Allyn allegedly used the confidential business information to craft a marketing plan intended to steal OBP’s customers and to eliminate OBP as a competitor in the market for a selfilluminating, disposable vaginal speculum. Welch Allyn now moves to dismiss OBP’s First Amended Complaint (Amended Complaint) pursuant to Mass. Civ. P. 12(b)(6). For the reasons that follow, the motion is DENIED. BACKGROUND The following comes from the allegations, taken as true, in OBP’s Amended Complaint. OBP sells a variety of medical examination instruments to hospitals and physician offices, including a self-illuminating disposable vaginal speculum. It generates its customers through direct marketing and sales efforts, and sells its products by entering into pricing agreements directly with individual customers and with group purchasing organizations (GPOs) acting on behalf of hospital systems and/or physician’s offices. The individual customer agreements identify OBP’s customers and the prices OBP negotiated directly with them. Similarly, the GPO agreements identify the prices OBP negotiated with the GPOs and include provisions indicating that the terms of the agreement are confidential. Since June 2011, OBP has used Owens & Minor to fulfill orders from OBP’s customers. In connection with this service, Owens & Minor stocks its distribution centers with OBP products. Owens & Minor orders products directly from OBP at an agreed upon unit price based on demand from OBP’s customers. When Owens & Minor fulfills customer orders, it charges customers according to the terms set forth in OBP’s pricing agreements with the customers. OBP reimburses Owens & Minor through “rebates” for any difference between that price and the fixed price Owens & Minor pays to OBP. As part of this process, OBP provides copies of the relevant pricing agreements to Owens & Minor. In return for its fulfillment services, OBP pays Owens & Minor an administrative fee. Owens & Minor operates pursuant to a Code of Honor, made publicly available on its website, in which it states that the customer and sales information of suppliers like OBP will not be disclosed to third parties and will only be used for purposes of effectuating the parties’ business relationship. The Code of Honor specifically provides that: [a]ll Company records and information related to the Company, its customers, suppliers and teammates is […]


Posted by Massachusetts Legal Resources - December 5, 2016 at 9:01 pm

Categories: News   Tags: , , , , , ,