Scientific Findings Can't Yield False Ad Claims, 2nd Circ. Says
A three-judge panel upheld the dismissal of ONY's case accusing rival Chiesi Farmaceutici SpA, several scientists and a scientific journal of violating the Lanham Act's ban on false advertising and New York state law by publishing and redistributing a study arguing that Chiesi's lung surfactant product was more effective than ONY's.
The judges concluded...
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