Bausch & Lomb v. Bressler

977 F.2d 720 (2nd Cir. 1992)

Purchase the Printed Copy at bsmsphd.com

Nature of the Case

To access this section all you need to do is click here and register.

Facts

Sonomed (D) manufactures and markets ultrasound devices used for ophthalmologic diagnosis. D makes two products called B-Scan and A-Scan. D is engaged in the optical business including the purchase and distribution of ophthalmic devices manufactured by other companies. P and D entered into a sales and distribution agreement on December 21, 1984. P was to become the exclusive worldwide distributor for D’s A and B Scan products for a period of three years. P paid $500,000 to D for this right and agreed to make annual minimum purchases of D product beginning in 1985. The deal went sour, and P had to sue D for breach in that D sold products directly in P’s exclusive territories. The district court found that D had wrongfully terminated the agreement by failing to cure its product delivery default and that P had acted properly in asserting its right to cease purchasing and to self-manufacture the D product. Both parties appealed the damages award.