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Third Circuit follows Second in protecting medical journals against trade libel claims

43(B)log

24, 2023) Courts in particular kinds of false advertising cases say that scientific claims are not falsifiable, even as the majority of workaday false advertising claims involving scientific fact are (correctly) treated as falsifiable. American Soc’y of Anesthesiologists, Inc., 4th -, 2023 WL 2621131, No. 22-1411 (3d Cir.

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Defendant's belief its ads were effective is evidence of injury

43(B)log

But the FDA, independent reviews at scientific journals, and even some of Amgen’s own employees criticized the advertising claims as unsupported and misleading. According to Defendant’s internal memoranda, the advertising campaign was designed to “optimally position Onpro in [the] face of biosimilar competition.” Sandoz Inc.

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Journalism about investment isn't commercial speech

43(B)log

13, 2021) Competing in the marketplace of ideas can ground a defamation claim, but not a false advertising claim. Crash Proof Retirement, LLC v. Price, 2021 WL 1387501, No. 2:20-cv-05906-JDW (E.D.

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republishing scientific study to prospective customers isn't protected opinion

43(B)log

3, 2024) Advance sued YourBio, which competes in the market for at-home medical device testing patients’ level of anti-Mullerian hormone, for false advertising, tortious interference, defamation/disparagement, unjust enrichment, and unfair trade practices under Massachusetts statutory law. YourBio Health, Inc., 24-10595-WGY (D.

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pleading falsity when ads use peer-reviewed scientific study

43(B)log

18, 2022) Guardant sued its competitor Natera over an alleged “campaign of false and misleading advertising directed at” Guardant’s new product Reveal, a liquid biopsy cancer assay for early-stage colorectal cancer (CRC). in the journal of Cancer Research.” Guardant Health, Inc. Natera, Inc., 2022 WL 162706, No.

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SpicyIP Weekly Review (September 13-19)

SpicyIP

Call for Papers: NALSAR’s Indian Journal of Intellectual Property Law (IJIPL) Vol. We announced that NALSAR Hyderabad’s Indian Journal of Indian Intellectual Property Law (IJIPL) is inviting papers for publication in Volume 12 of the journal. Further details, including the link for registration, are provided in the post here.

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J&J's talc subsidiary can bring trade libel but not Lanham Act claims against testifying experts

43(B)log

7, 2025) The defendants published an article in a scientific journal, asserting that they had identified 75 people, additional to 33 in an earlier study, who had malignant mesothelioma but no known exposure to asbestos except through cosmetic talc. LLT, J&Js talc subsidiary , alleged that the statement was false. Emory, No.