Ortho Pharmaceutical Corp. v. Cosprophar, Inc.

How courts have described this case

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

• refusing to apply the business records exception because “the reliability of the exhibit cannot be measured” where the person testifying “had insufficient knowledge of the methods of preparation, the selectivity and [and the] methodology”
• refusing to apply the BRE because “the reliability of the exhibit cannot be measured” where the person testifying “had insufficient knowledge of the methods of preparation, the selectivity and [the] methodology”
• “This court cannot conclude that the surveys were ‘properly conducted’ ... and therefore concludes ... that the surveys are inadmissible hearsay.”
• “Indeed, in trademark and Lanham Act cases, properly conducted surveys are a valuable tool in gauging consumer perception and are accordingly given great weight.”
• claim dismissed where plaintiff “appears to have abandoned this claim, having failed to argue the claim in its post-trial memo or in its response papers once [defendant] had addressed the issues in its own brief’
• finding claim abandoned where Nos. 65, 67 (“Tr.”)

Source: CourtListener parenthetical corpus (CC0).