A major manufacturer of personal protective equipment (PPE) against several companies for false advertising, trademark infringement, and price gouging during a global pandemic. The defendants agreed to a consent judgment disgorging their profits as well as a permanent injunction.
The leading US producers of oil and gas pipeline components against a foreign competitor falsely advertising its products as ASTM compliant. After a 2-week trial, the jury entered a unanimous, multi-million-dollar verdict for our clients and the court subsequently entered a permanent injunction and recall.
World leading food company against a competitor falsely advertising its products as equivalent to the clients’ branded prescription medical foods. After a two-week jury trial, the case settled on favorable terms, including a significant seven-figure payment to the client.
Counsel of record for International Trademark Association (INTA) as amicus curiae to United States Supreme Court in Pom Wonderful LLC v. The Coca-Cola Company, No. 12-761.
Manufacturer of a brand-name wound care ointment in a two Lanham Act cases against companies who falsely advertised their products as “generic” alternatives to the brand. After securing preliminary injunctions against both defendants and defeating multiple dispositive motions, the cases proceeded to trial. At the conclusion of each 3-week jury trial, the court entered significant multi-million-dollar judgments and injunctions against both defendants.
A leading producer of functional foods and nutritional supplements in a consumer class action. After allowing the plaintiff to replead its case, the court dismissed the amended complaint against our client with prejudice.
A major outsourcing facility producing sterile compounded drugs against a competitor alleging that that our client’s ready-to-administer surgical drug violated FDA rules. After considering our client’s motion to dismiss as well as statements from the FDA, the court dismissed the complaint with prejudice. The 9th Circuit affirmed the ruling in a significant decision.
A major publisher of financial news in a TCPA class action. After completing discovery, the court entered summary judgment on our client’s behalf and dismissed the case in its entirety with prejudice.
The global leader in non-invasive cancer testing and bioinformatics against a competitor that disparaged the client’s testing and falsely claimed to offer a superior test. After accelerated discovery in preparation for a preliminary injunction hearing, the case settled on favorable terms, including a significant payment to the client.
The developer of a genetically engineered forage crop against a competitor falsely claiming its conventional seed offered similar benefits to the client’s. After discovery, the case settled on favorable terms for the client.
A Europe-based pharmaceutical company in a qui tam action brought by a former employee who alleged the client’s marketing of its leading products was misleading. After delivering a presentation to the California Department of Insurance, the state elected not to intervene. The case later settled for less than defense costs.
Leading biotech tools company against a competitor that falsely claimed a study showed its gene analysis system was superior to the client’s. After initial discovery, the case settled on favorable terms that required the defendant, among other things, to remove all references to the comparison study and to recall and destroy all materials related to the study.
Major international pharmaceutical company against a competitor that falsely advertised allegedly “generic” versions of the client’s brand name pancreatic enzyme drugs. After the court denied the defendants’ motion for summary judgment, the case settled on terms favorable to the client, including a significant payment to the client.
Manufacturer of the only FDA-approved inhaled antibiotic treatment for cystic fibrosis patients in a Lanham Act suit against a competing company and three compounding pharmacies. After obtaining a temporary restraining order against the defendants, the parties reached a settlement under which the defendants were required to market their treatment with disclaimers warning doctors and patients that their therapy was not clinically proven.
Leading consumer product company in a suit against the supplier of a “store-brand” version of the client’s top-selling oral rinse. After conducting preliminary discovery, the parties reached a settlement that included a permanent injunction requiring the defendant to withdraw its offending product from the market.