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5 Apr 4:12 am by Rebecca Tushnet
... Bracco Diagnostics, Inc. v. Amersham Health, Inc., 2009 WL 806581 (D.N.J.) Fair warning: this decision runs over 120 pages in Word ... characterize the notes of what got said. The parties sued each other for false advertising. Bracco proved some false advertising, but couldn't establish a causal nexus ... Amersham argued that the number of actually false statements at issue was too small to be actionable. Bracco contended that, given how vital face-to-face communication is to selling drugs, the sales call ...
43(B)log - http://tushnet.blogspot.com/index.html
11 Sep 2:47 am by Beck/Herrmann
... 710 F.2d 1375, 1377 (9th Cir. 1983); Bracco Diagnostics, Inc. v. Amersham Health, Inc., 627 F. Supp.2d 384, 470 n.250 ... Supp.2d 881, 884-85 (N.D. Ill. 2003); Summit Technology, Inc. v. High-Line Medical Instruments Co., 922 F. Supp. 299, ... 1992 WL 208962, at *5 (D. Md. Aug. 17, 1992); Estee Lauder, Inc. v. FDA, 727 F. Supp. 1, 5 (D.D.C. ... was one of the first PMA preemption cases decided after Riegel v. Medtronic, Inc., 128 S. Ct. 999 (2008), established a broad preemption defense for this type of ...
Drug and Device Law - http://druganddevicelaw.blogspot.com
7 Aug 6:21 am by Beck/Herrmann
We just ran across Bracco Diagnostics, Inc. v. Amersham Health, Inc., ___F. Supp.2d ___, 2009 WL 1743699 (D.N.J. June 30, 2009). Yeah, we know, it's over a month old -- ancient by blawg standards. In our defense, all we can say is that it's a Lanham Act case, and we pay more attention to the products area. Anyway, the claim there was that the defendant violated the Lanham Act by causing the publication of supposedly untrue articles in the scientific literature, ...
Drug and Device Law - http://druganddevicelaw.blogspot.com
27 Apr 9:43 am by Law Lady
... GE HEALTHCARE ORDERED TO PAY $11.4 MILLION OVER FALSE AD CLAIM, Bracco Diagnostics v. Amersham Health, 25 No. 3 Andrews Pharmaceutical Litig. Rep ... judge has ordered GE Healthcare to pay $11.4 million in damages to rival Bracco Diagnostics for knocking the company's X-ray contrast dye in an ad campaign. ... to settle charges that it lied to federal regulators about a silent agreement not to compete with Apotex Inc. once the generics maker unveiled its own version of the popular blood thinner Plavix. ...
The Appellate Gourmet (c) - http://appellategourmetappealsinflorida.blogspot.com/
         
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