Merck KGaA Wants Brookstone's 'False Generic' Yanked

Law360, New York (December 4, 2009, 5:05 PM EST) -- A subsidiary of German pharmaceutical company Merck KGaA is seeking an injunction barring generics maker Brookstone Pharmaceuticals LLC from selling prenatal nutritional supplements that Merck claims are being falsely marketed as equivalent to Merck's products.

Merck Eprova AG filed the Lanham Act false advertising suit against Brookstone Nov. 20 in the U.S. District Court for the Southern District of New York, alleging Brookstone has falsely marketed its products as containing the same dietary ingredient produced by Merck.

In fact, the suit claims, Brookstone's products contain a...
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