Bracco Diagnostics, Inc. v. Amersham Health, Inc.

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

• finding \allegedly false claims that explicitly or implicitly address product attributes of importance to customers and make statements that are measurable by comparative research are not puffery\
• finding disgorgement warranted 28 given the equities of the case, “especially” since the defendant’s “violative conduct is not -17- Case 8:17-cv-01613-CJC-DFM Document 441 Filed 03/13/23 Page 18 of 20 Page ID #:9917 1 willful”
• “Furthermore, unfair competition claims under New Jersey statutory and common law generally parallel those under § 43(a) of the Lanham Act.”
• injunctive relief and damages were adequate “without the exceptional remedy of disgorgement”
• extending \willful\ to reckless conduct for this presumption

Source: CourtListener parenthetical corpus (CC0).