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DE SIMONE v. VSL PHARMACEUTICALS, INC.

Nos. 20-1846, 20-1869.

36 F.4th 518 (2022)

Claudio DE SIMONE; ExeGi Pharma, LLC, Plaintiffs-Appellees, v. VSL PHARMACEUTICALS, INC.; Alfasigma USA, Inc., a Delaware corporation, Defendants-Appellants, and Leadiant Biosciences, Inc., formerly known as Sigma-Tau Pharmaceuticals, Inc, Defendant. Claudio De Simone; ExeGi Pharma, LLC, Plaintiffs-Appellees, v. Alfasigma USA, Inc., a Delaware corporation, Defendant-Appellant, and VSL Pharmaceuticals, Inc.; Leadiant Biosciences, Inc., formerly known as Sigma-Tau Pharmaceuticals, Inc., Defendants.

United States Court of Appeals, Fourth Circuit.

Decided: June 7, 2022.

Attorney(s) appearing for the Case

ARGUED: Robert Scott Brennen , MILES & STOCKBRIDGE P.C., Baltimore, Maryland; Turner Anderson Broughton , WILLIAMS MULLEN, Richmond, Virginia, for Appellants. Jeremy Wyeth Schulman , SCHULMAN BHATTACHARYA, LLC, North Bethesda, Maryland, for Appellee. ON BRIEF: Brian L. Schwalb , Calvin R. Nelson , Washington, D.C., Mitchell Y. Mirviss , Elizabeth C. Rinehart , VENABLE LLP, Baltimore, Maryland, for Appellant VSL Pharmaceuticals, Inc. Erinn M. Maguire, MILES & STOCKBRIDGE P.C., Baltimore, Maryland, for Appellant Alfasigma USA, Inc. Jeffrey S. Gavenman, SCHULMAN BHATTACHARYA, LLC, Bethesda, Maryland, for Appellees.

Affirmed by published opinion. Judge Diaz wrote the opinion, in which Judge Niemeyer and Judge Quattlebaum joined.

VSL Pharmaceuticals, Inc. and Alfasigma USA, Inc. appeal the district court's order finding them in contempt of the court's permanent injunction. The injunction prohibited VSL and Alfasigma from suggesting in promotional materials that their probiotic contained the same formulation as one marketed by Claudio De Simone and ExeGi...

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