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Abbott Can’t Ax False Ad Attack in Probiotic IP Row

Law360

22 Mar 2022

Matthew Chivvis spoke to Law360 about winning a victory for client Evolve Biosystems, Inc. in its patent infringement suit against Abbott Laboratories.

As part of the suit, Evolve filed false advertising and unfair competition claims against Abbott, which Abbott sought to dismiss. On March 22, U.S. District Judge John Z. Lee agreed with Evolve’s argument against Abbott, stating that Evolve’s allegations are sufficient enough to support its claim that Abbott’s product label “constitutes commercial advertising or promotion,” and denying Abbot’s motion.

Matthew said that “the court’s ruling confirms that defendant’s unsupported claims of product superiority do not qualify as mere puffery and that they can support causes of action for false advertising.”

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