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Healix Infusion Therapy, Inc v. Hhi Infusion Services

November 29, 2012

HEALIX INFUSION THERAPY, INC., PLAINTIFF,
v.
HHI INFUSION SERVICES, INC., DEFENDANT.



The opinion of the court was delivered by: Judge James B. Zagel

MEMORANDUM OPINION AND ORDER

This action was tried on the facts without a jury. Pursuant to Rule 52(a)(1), the Court's findings of fact and law are stated below.

FINDINGS OF FACT

1. Healix Infusion Therapy, Inc. ("Healix") is a Texas corporation with its principal place of business in Sugar Land, Texas.

2. HHI Infusion Services, Inc. ("HHI") is an Illinois corporation with its principal place of business in Burr Ridge, Illinois.

3. Healix and HHI are direct competitors and provide infusion therapy and pharmacy services to medical practices across the United States.

4. In June of 2007, Healix entered into a five-year contract with 3 Tree Infection Disease ("3 Tree"), a medical practice located in Burien, Washington, to provide infusion services.

5. Healix's deal with 3 Tree required 3 Tree to build an onsite pharmacy, which required 3 Tree to lease new space in close proximity to its existing medical office.

6. Healix's deal also required the onsite pharmacy to be staffed by a Healix pharmacist who was to be leased back to 3 Tree.

7. The 3 Tree deal was Healix's first foray into the market in the State of Washington.

8. David Keller, M.D. ("Keller") and Chris Porter, ARNP ("Porter"), principals of 3 Tree, on behalf of 3 Tree, executed the Healix contract and personal guarantees on June 11, 2007.

9. While attending the October 4-7, 2007 Infectious Diseases Society of America Annual Meeting (IDSA) in San Diego, California, Porter met Landon Lackey ("Lackey"), Vice President of Sales and Marketing for HHI, at the HHI booth, and a discussion ensued regarding infusion services.

10. On October 17, 2007, Porter emailed Neil Stanton ("Stanton") of HHI informing Stanton that he wanted to fax necessary information to HHI to obtain a pro forma.

11. On October 19, 2007, Lackey emailed Porter HHI's Practice Information Form. 12. On October 30, 2007, Lackey emailed Porter regarding projections HHI prepared ...


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