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SCHERING-PLOUGH HEALTHCARE PRODUCTS, INC. v. NEUTROGENA CORPORATION

Civ. No. 09-268-SLR.

702 F.Supp.2d 253 (2010)

SCHERING-PLOUGH HEALTHCARE PRODUCTS, INC., Plaintiff, v. NEUTROGENA CORPORATION, Defendant.

United States District Court, D. Delaware.

April 8, 2010.

Attorney(s) appearing for the Case

Sheldon K. Rennie, Esquire, Ronald J. Shaffer, Esquire, Scott L. Vernick, Esquire, and Dana L. Sichel, Esquire, of Fox Rothschild LLP, Wilmington, Delaware. Counsel for Plaintiff.

Steven J. Balick, Esquire, John G. Day, Esquire, and Tiffany Geyer Lydon, Esquire, of Ashby & Geddes, Wilmington, DE. Counsel for Defendant. Of Counsel: Harold P. Weinberger, Esquire, Jonathan M. Wagner, Esquire, and Tobias B. Jacoby, of Kramer Levin Naftalis & Frankel LLP, New York, New York.

AMENDED MEMORANDUM OPINION

SUE L. ROBINSON, District Judge.

I. INTRODUCTION

Schering-Plough HealthCare Products, Inc. ("plaintiff") filed this action against Neutrogena Corporation ("defendant") on April 21, 2009. (D.I.1) Both parties are manufacturers of sunscreen products. (D.I. 5 and 12) In its complaint, plaintiff alleges that defendant has released multiple advertisements containing false and misleading statements in violation of Section 43...

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