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STIEFEL LABORATORIES, INC. v. BROOKSTONE PHARMACEUTICALS, L.L.C.

No. 12-14309.

STIEFEL LABORATORIES, INC., Plaintiff-Appellant, v. BROOKSTONE PHARMACEUTICALS, L.L.C., Defendant-Appellee.

United States Court of Appeals, Eleventh Circuit.

August 19, 2013.

DO NOT PUBLISH

PER CURIAM.

Stiefel Pharmaceutical (Stiefel) sued Brookstone Pharmaceutical (Brookstone), claiming that Brookstone falsely advertised its acne gel, BPO Gel, as a generic equivalent to Stiefel's acne gel, Brevoxyl, in violation of section 43(a) of the Lanham Act, 15 U.S.C. § 1125(a)(1)(B). The district court granted summary judgment in favor of Brookstone, determining that Stiefel did not present enough evidence for a reasonable jury to...

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