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MILLENNIUM LABORATORIES, INC. v. AMERITOX, LTD.

Civil Nos. L-10-3327, L-12-1753, L-12-1797.

924 F.Supp.2d 594 (2013)

MILLENNIUM LABORATORIES, INC., Plaintiff v. AMERITOX, LTD., Defendant.

United States District Court, D. Maryland.

January 18, 2013.

Attorney(s) appearing for the Case

Steven P. Hollman, Rebecca Cheryl Mandel, Robert Benjamin Wolinsky, Hogan Lovells U.S. LLP, Washington, DC, Arlene L. Chow, Elizabeth King, Hogan Lovells U.S. LLP, New York, NY, for Plaintiff.

James P. Ulwick, Andrew Jay Graham, Geoffrey H. Genth, Kramon and Graham PA, Baltimore, MD, Matthew W. Brewer, Peter B. Bensinger, Jr, Michael J. Valaik, Bartlit Beck Herman Palenchar and Scott LLP, Adam Louis Marchuk, Michael R. Osterhoff, K and L Gates LLP, Chicago, IL, Michael Thomas Murphy, K and L Gates LLP, Washington, DC, for Defendant.

MEMORANDUM

BENSON EVERETT LEGG, Senior District Judge.

I. Introduction

This was a hard contested, but well contested, Lanham Act suit between two competitors in the urine drug testing ("UDT") industry, Millennium Laboratories, Inc. ("Millennium") and Ameritox, Ltd. ("Ameritox"). Each accused the other of false advertising. Midway through trial, after the Court had decided a number of claims, the parties, with the assistance of a United States...

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