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Articles Posted in Experts

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Fourth Circuit Affirms Districts Court’s Injunction and Admission of Evidence in False Advertising Case

Richmond, Virginia – PBM Products, LLC (“PBM”) sued Mead Johnson & Company, LLC (“Mead Johnson”) alleging false advertising in violation of the Lanham Act, 15 U.S.C. § 1125(a)(1)(A) and (B), and commercial disparagement. Mead Johnson filed counterclaims against PBM. The district court dismissed the counterclaims and entered an injunction against…

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Southern District of Indiana Grants in Part Plaintiff’s Daubert Motion to Preclude Expert Testimony Regarding Damages

Indianapolis, IN – Boston Scientific Corporation (“Boston Scientific”) of Natik, Massachusetts, was granted three of its four requests to exclude Defendant’s expert testimony in its declaratory judgment suit against Mirowski Family Ventures, LLC (“Mirowski”) of Bethesda, Maryland. The litigation surrounding the Boston Scientific/Guidant Corp. (“Guidant”) / Mirowski / St. Jude…

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Northern District Denies Motion to Strike Expert’s Survey Regarding Likelihood of Confusion in Trademark Infringement Case of Dwyer Instruments v. Sensocon Inc

South Bend, IN – Judge Theresa Springmann of the Northern District of Indiana has denied a motion to strike the report of an expert who conducted an internet survey regarding the likelihood of confusion created by a trademark infringement defendant. In January 2009, trademark attorneys for Dwyer Instruments of Michigan…

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Court Refuses to Strike Expert’s Report in Patent Infringement Case

  Indianapolis, Indiana – In a patent infringement case, Judge Jane Magnus-Stinson of the Southern District of Indiana has denied defendants’ request to strike the report of an expert that the plaintiff had attached to a brief. The expert’s report contained a “readily-available summary of the infringement allegations.” The defendants…

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