ProThera Must Face Merck Unit's Folate Ad Claims

Law360, New York (October 20, 2010, 6:56 PM EDT) -- A federal judge has shot down a bid by ProThera Inc. to dismiss false advertising claims by a Swiss affiliate of Germany's Merck KGaA , which has launched a trademark infringement lawsuit over ProThera's marketing of dietary supplements containing synthetic folate.

In a ruling Wednesday, Judge Richard M. Berman of the U.S. District Court for the Southern District of New York rejected ProThera's motion for summary judgment after finding that false advertising claims brought by Merck & Cie KG – formerly known as Merck Eprova AG...
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