Company T makes respirator filters. Company 3M obtained the samples of the filters at an industry expo. A year later after obtaining a patent for the filter product company 3M filed a suit against company T alleging infringement of the patent. The suit was dismissed. Company T filed a suit against company 3M for fraud. Company T was entitled damages. To find: The injury to T would have been shared by consumers in the relevant market if it failed to sue 3M.

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Chapter 27, Problem 3CT

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Case summary: Company T makes respirator filters. Company 3M obtained the samples of the filters at an industry expo. A year later after obtaining a patent for the filter product company 3M filed a suit against company T alleging infringement of the patent. The suit was dismissed. Company T filed a suit against company 3M for fraud. Company T was entitled damages.

To find: The injury to T would have been shared by consumers in the relevant market if it failed to sue 3M.

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