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MERCK EPROVA AG v. BROOKSTONE PHARMACEUTICALS, LLC

No. 09 Civ. 9684(RJS).

920 F.Supp.2d 404 (2013)

MERCK EPROVA AG, Plaintiff, v. BROOKSTONE PHARMACEUTICALS, LLC a/k/a Acella Pharmaceuticals, LLC, et al., Defendants.

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

January 31, 2013.

Attorney(s) appearing for the Case

Robert Elliot Hanlon, Esq., Thomas Jude Parker, Esq., Lance Anders Soderstrom, Esq., Natalie Christine Clayton, Esq., Deepro R. Mukerjee, Esq., Victoria Elizabeth Spataro, Esq., Alston & Bird, LLP, New York, NY, Dwayne C. Norton, Alston & Bird, LLP, Dallas, TX, for Plaintiff Merck Eprova AG.

Brian Andrew Bender, Esq., Steven A. Stadtmauer, Esq., Todd S. Sharinn, Esq., Harris Beach, PLLC, New York, NY, Zachary H. Greene, Esq., Miller & Martin, PLLC, Chattanooga, TN, Gregory Brian Smith Jackson, Esq., T. Harold Pinkley, Esq., Miller & Martin, PLLC, Nashville, TN, Christopher E. Parker, Esq., Miller & Martin, PLLC, Atlanta, GA, for Defendants Acella Pharmaceuticals, LLC.

Catrina Celeste Creswell, Esq., Miller & Martin, PLLC, Chattanooga, TN, for Defendants Acella Pharmaceuticals, LLC, Harold Arthur Deas and Thomas Jeffrey Bryant.

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 Defendant Acella Pharmaceuticals LLC ("Acella"), formerly known as Brookstone Pharmaceuticals LLC, a corporation that develops, markets, and sells low-cost vitamins and nutritional supplements; Merck also names two of Acella's officers as defendants...

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