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PEDINOL PHARMACAL, INC. v. RISING PHARMACEUTICALS

No. CV 06-2120.

570 F.Supp.2d 498 (2008)

PEDINOL PHARMACAL, INC., Plaintiff, v. RISING PHARMACEUTICALS, INC., Defendant.

United States District Court, E.D. New York.

August 5, 2008.

Attorney(s) appearing for the Case

Leeds Morelli & Brown, by Rick Ostrove, Esq., Carle Place, NY, Moritt Hock Hamroff & Horowitz LLP, by Michael S. Re, Esq., Garden City, NY, Hanor & Guerra, by Charles W. Hanor, San Antonio, TX, for Plaintiff.

Ruskin Moscou Faltischek, P.C., by Mark S. Mulholland, Esq., Uniondale, NY, McDermott Will & Emory, LLP, by Theodore R. Stephens, Esq., Washington, DC, The Lustigman Firm, P.C., by Andrew B. Lustigman, Esq., New York, NY, Bracken, Margolin & Gouvis, LLP, by Linda U. Margolin, Esq., Islandia, NY, for Defendant, Rising Pharmaceuticals.

Troutman Sanders LLP, by Barry J. Brett, Esq., New York, NY, for Defendant Gold.

MEMORANDUM AND ORDER ON RULE 50 MOTIONS DAMAGES AND INJUNCTIVE RELIEF

WEXLER, District Judge.

This is a Lanham Act false advertising case that was tried before a jury. The jury heard the Lanham Act claim of Plaintiff Pedinol Pharmacal, Inc. ("Pedinol") against Defendant Rising Pharmaceuticals, Inc. ("Rising") as well as the Lanham Act claim of Rising against Pedinol.1 The jury found that both sides engaged in false advertising...

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