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MEAD JOHNSON & CO. v. ABBOTT LABORATORIES

No. 99-2215.

201 F.3d 883 (2000)

MEAD JOHNSON & COMPANY, Plaintiff-Appellee, v. ABBOTT LABORATORIES, Defendant-Appellant.

United States Court of Appeals, Seventh Circuit.

Decided January 5, 2000.

Attorney(s) appearing for the Case

Patrick A. Shoulders, Ziemer, Stayman, Weitzel & Shoulders, Evansville, IN, R. Bruce Dickson (argued), Paul, Hastings, Janofsky & Walker, Washington, DC, for Plaintiff-Appellee.

Thomas C. Morrison, Steven A. Zalesin (argued), Patterson, Belknap, Webb & Tyler, New York, NY, Laura Schumacher, Abbott Laboratories, Office of the General Counsel, Abbott Park, IL, for Defendant-Appellant.

Before BAUER, EASTERBROOK, and KANNE, Circuit Judges.

EASTERBROOK, Circuit Judge.

"1st Choice of Doctors", in a blue ribbon on a product's packaging, conveys the message that more physicians prefer this product than any of its rivals. Does (must?) this phrase mean something more—for example, that a majority of all physicians prefer the product, or that the preference is strong or based on particular grounds? The phrase appears on the packaging of Similac®, an infant formula made by the Ross Pediatrics division...

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