Par Sterile Products, LLC v. Fresenius Kabi USA, LLC

Justia Dockets & Filings Seventh Circuit Illinois Northern District Par Sterile Products, LLC v. Fresenius Kabi USA, LLC

Par Sterile Products, LLC v. Fresenius Kabi USA, LLC

Plaintiff:	Par Sterile Products, LLC
Defendant:	Fresenius Kabi USA, LLC
Case Number:	1:2014cv03349
Filed:	May 7, 2014
Court:	US District Court for the Northern District of Illinois
Office:	Chicago Office
County:	Cook
Presiding Judge:	Amy J. St. Eve
Nature of Suit:	Other Statutory Actions
Cause of Action:	15 U.S.C. § 1125
Jury Demanded By:	Plaintiff

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Date Filed	Document Text
March 17, 2015	Filing 47 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, ).

Date Filed

Document Text

March 17, 2015

Filing 47 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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Plaintiff: Par Sterile Products, LLC
Represented By:	Peter John Shakula, II
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Defendant: Fresenius Kabi USA, LLC
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