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PRESTIGE BRANDS INC. v. GUARDIAN DRUG CO.

No. 12 CV 7778 (VB).

951 F.Supp.2d 441 (2013)

PRESTIGE BRANDS INC. and Blacksmith Brands, Inc., Plaintiffs, v. GUARDIAN DRUG COMPANY, Defendant. Guardian Drug Company, Counterclaim Plaintiff, v. Prestige Brands, Inc. and Blacksmith Brands, Inc., Counterclaim Defendants. Guardian Drug Company, Third-Party Plaintiff, v. NuSil Technology LLC, Third-Party Defendants.

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

April 18, 2013.

Attorney(s) appearing for the Case

Todd R. David, Joseph Gerard Tully, Alston & Bird, LLP, New York, NY, Lisa R. Bugni, Alston & Bird LLP, Atlanta, GA, for Plaintiffs and Counterclaim Defendants.

David E. De Lorenzi, Gibbons P.C., Newark, NJ, for Defendant and Counterclaim Plaintiff.

MEMORANDUM DECISION

BRICCETTI, District Judge.

Plaintiff Prestige Brands Inc. ("PBI") and its affiliate, plaintiff Blacksmith Brands, Inc. ("Blacksmith"), market and sell over-the-counter healthcare products to retailers. Defendant-third-party plaintiff Guardian Drug Company ("Guardian") is a drug manufacturer that sold certain healthcare products to plaintiffs. In this action, PBI and Blacksmith assert breach of contract and other claims against...

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