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MERCK EPROVA AG v. PROTHERA, INC.

No. 08 Civ. 0035(RMB)(JCF).

670 F.Supp.2d 201 (2009)

MERCK EPROVA AG and Merck KGaA, Plaintiffs, v. PROTHERA, INC., Defendant.

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

September 17, 2009.

Attorney(s) appearing for the Case

Robert Eliot Hanlon, Thomas Jude Parker, Natalie Christine Clayton, Rowan Elizabeth Morris, Victoria Elizabeth Spataro, Alston & Bird, LLP, New York, NY, for Plaintiffs.

Gregory F. Wilson, Wilson & Quint, LLP, Reno, NV, Joshua King, Graybeal Jackson Halye LLP, Bellevue, WA, Charles Joseph Raubicheck, Frommer, Lawrence & Haug, L.L.P., James Newell Blair, Snow Becker Krauss P.C., New York, NY, for Defendant.

MEMORANDUM AND ORDER

JAMES C. FRANCIS IV, United States Magistrate Judge.

Plaintiffs Merck KGaA and its Swiss affiliate, Merck Eprova (collectively, "Merck"), allege that defendant ProThera, Inc. ("ProThera") has mislabeled a nutritional supplement that it distributes. According to Merck, ProThera's conduct constitutes direct and contributory false advertising in violation of Section 43(a)(1)(B) of the Lanham Act, 15 U.S.C. § 1125(a)(1)(B); contributory...

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