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FTC v. QUINCY BIOSCIENCE HOLDING COMPANY, INC.

17 Civ. 124 (LLS) 20 MC 0307 (LLS).

485 F.Supp.3d 419 (2020)

FEDERAL TRADE COMMISSION and the People of the State of New York, by Letitia James, Attorney General of the State of New York, Plaintiffs, v. QUINCY BIOSCIENCE HOLDING COMPANY, INC., a corporation; Quincy Bioscience, LLC, a limited liability company; Prevagen, Inc., a corporation d/b/a/Sugar River Supplements; Quincy Bioscience Manufacturing, LLC, a limited liability company; and Mark Underwood, individually and as an officer of Quincy Bioscience Holding Company, Inc., Quincy Bioscience, LLC, and Prevagen, Inc., Defendants.

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

Signed September 9, 2020.

Attorney(s) appearing for the Case

Annette Soberats , Edward Glennon , Michelle Kathleen Rusk , Federal Trade Commission, Washington, DC, Robin E. Eichen , Federal Trade Commission, New York, NY, for Plaintiff Federal Trade Commission.

Kathryn Ann Matuschak , New York State Office of the Attorney General, New York, NY, for Plaintiff People of the State of New York.

Geoffrey White Castello, III , Jaclyn Marie Metzinger , Kelley Drye & Warren, LLP, Jeffrey S. Jacobson , Faegre Drinker Biddle & Reath LLP, New York, NY, Glenn T. Graham , Kelley Drye & Warren LLP, Parsippany, NJ, John E. Villafranco , Kelley Drye & Warren LLP, Washington, DC, for Defendants Quincy Bioscience Holding Company, Inc., Quincy Bioscience, LLC, Prevagen, Inc., Quincy Bioscience Manufacturing, LLC.

Michael B. de Leeuw , Matthew Lawrence Elkin , Tamar Schwartz Wise , Kristin Keehan , Cozen O'Connor, New York, NY, Bryan L. Mosca , John B. Kelly , Cozen O'Connor, Washington, DC, for Defendant Mark Underwood.

OPINION & ORDER

The core scientific research about which the issues in this case revolve is the 2009-2011 Madison Memory Study, about which the discovery has been abundant. Its results were published on-line in 2011, and all unprivileged data underlying it was...

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