Par Sterile Products, LLC v. Fresenius Kabi USA, LLC
||Par Sterile Products, LLC
||Fresenius Kabi USA, LLC
||May 7, 2014
||US District Court for the Northern District of Illinois
||Amy J. St. Eve
|Nature of Suit:
||Other Statutory Actions
|Cause of Action:
||15 U.S.C. § 1125
|Jury Demanded By:
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|March 17, 2015
MEMORANDUM Opinion and Order. The Court grants in part and denies in part defendant's motion to dismiss 26 . Plaintiff's Lanham Act and corresponding state law claims based on false representations of FDA approval survive. Plaintiff' ;s claims based on false or misleading representations in defendant's contracts are dismissed with prejudice because they do not relate to advertising or promotion. Plaintiff's claims that defendant's product's labeling and packa ging deceptively imply that plaintiff's product is less effective than defendant's are dismissed without prejudice. Any claims based on representations that the defendant's product is "safe" or "effective" are dismissed without prejudice. Signed by the Honorable Jorge L. Alonso on 3/17/2015. Notice mailed by judge's staff (ntf, ) Modified on 3/17/2015 (ntf, ).
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