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MERCK EPROVA AG v. GNOSIS S.P.A.

No. 07 Civ. 5898(RJS).

901 F.Supp.2d 436 (2012)

MERCK EPROVA AG, Plaintiff, v. GNOSIS S.P.A. and Gnosis Bioresearch S.A., Defendants.

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

September 30, 2012.

Attorney(s) appearing for the Case

Robert Elliot Hanlon, Esq., Thomas Jude Parker, Esq., Lance Anders Soderstrom, Esq., Natalie Christine Clayton, Esq., and Victoria Elizabeth Spataro, Esq., of Alston & Bird, LLP, New York, NY, for Plaintiff Merck Eprova AG.

William Don. Chapman, Esq., and Catherine A. Close, Esq., of Julander, Brown, Bollard & Chapman, Irvine, CA, and Bryon L. Friedman, Esq. of Littleton, Joyce, Ughetta, Park & Kelly, LLP, New York, NY, for Defendants Gnosis S.p.A. and Gnosis Bioresearch S.A.

OPINION AFTER BENCH TRIAL

RICHARD J. SULLIVAN, District Judge.

Plaintiff Merck & Cie ("Merck"), formerly known as Merck Eprova AG, a producer of pharmaceutical and dietary ingredients, brings this action against Defendants Gnosis S.p.A. and Gnosis Bioresearch S.A. (collectively, "Gnosis"), manufacturers and sellers of raw ingredients to nutritional companies, for misleading advertising in connection with Gnosis's manufacture and sale of a folate nutritional...

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