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PAMLAB, L.L.C. v. MACOVEN PHARMACEUTICALS L.L.C.

No. 11 Civ. 9022 TPG JCF.

881 F.Supp.2d 470 (2012)

PAMLAB, L.L.C., Metabolite Laboratories, Inc., Breckenridge Pharmaceuticals, Inc., Plaintiffs, v. MACOVEN PHARMACEUTICALS, L.L.C., Defendant. Macoven Pharmaceuticals, L.L.C., Counter Claimant, v. Pamlab, L.L.C., Metabolite Laboratories, Inc., Breckenridge Pharmaceuticals, Inc., Counter Defendants.

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

June 29, 2012.

Attorney(s) appearing for the Case

Bruce Daniel DeRenzi, Sean Eric Jackson, Crowell & Moring LLP, Charles Randolph Ross, Breckenridge Pharmaceuticals, Inc., for Plaintiffs, Counter Defendants.

Donald W. Washington, Robert Lawrence Waddell, Jones Walker, Lafayette, LA, Joseph John Perrone, Bennett, Giuliano, McDonell & Perrone, LLP, New York, NY, for Defendant, Counter Claimant.

MEMORANDUM AND ORDER

JAMES C. FRANCIS IV, United States Magistrate Judge.

This is a patent infringement and false advertising case. Pamlab, L.L.C. ("Pamlab") developed a pharmaceutical product, which it markets as Foltx, using patented technology that it licensed from Metabolite Laboratories, Inc. ("Metabolite"). Foltx contains 2.5 mg of Folic Acid, 2 mg of Vitamin B12, and 25 mg of Vitamin B6, and was...

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