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MERCK EPROVA AG v. BROOKSTONE PHARMACEUTICALS, LLC

No. 09 Civ. 9684(RJS).

920 F.Supp.2d 404 (2013)

MERCK EPROVA AG, Plaintiff, v. BROOKSTONE PHARMACEUTICALS, LLC a/k/a Acella Pharmaceuticals, LLC, et al., Defendants.

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

January 31, 2013.

Attorney(s) appearing for the Case

Robert Elliot Hanlon, Esq. , Thomas Jude Parker, Esq. , Lance Anders Soderstrom, Esq. , Natalie Christine Clayton, Esq., Deepro R. Mukerjee, Esq. , Victoria Elizabeth Spataro, Esq. , Alston & Bird, LLP, New York, NY, Dwayne C. Norton , Alston & Bird, LLP, Dallas, TX, for Plaintiff Merck Eprova AG.

Brian Andrew Bender, Esq. , Steven A. Stadtmauer, Esq. , Todd S. Sharinn, Esq. , Harris Beach, PLLC, New York, NY, Zachary H. Greene, Esq. , Miller & Martin, PLLC, Chattanooga, TN, Gregory Brian Smith Jackson, Esq. , T. Harold Pinkley, Esq. , Miller & Martin, PLLC, Nashville, TN, Christopher E. Parker, Esq. , Miller & Martin, PLLC, Atlanta, GA, for Defendants Acella Pharmaceuticals, LLC.

Catrina Celeste Creswell, Esq. , Miller & Martin, PLLC, Chattanooga, TN, for Defendants Acella Pharmaceuticals, LLC, Harold Arthur Deas and Thomas Jeffrey Bryant.

OPINION AFTER BENCH TRIAL

RICHARD J. SULLIVAN, District Judge.

Plaintiff Merck & Cie ("Merck"), formerly known as Merck Eprova AG, a producer of pharmaceutical and dietary ingredients, brings this action against Defendant Acella Pharmaceuticals LLC ("Acella"), formerly known as Brookstone Pharmaceuticals LLC, a corporation that develops, markets, and sells low-cost vitamins and nutritional supplements; Merck also names two of Acella's officers as defendants...

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