Firm Secures Significant Victory for Major Medical Device Manufacturer in False Advertising Suit

August 18, 2020

On August 17, 2020, the Firm secured a significant victory for our client, a major medical device manufacturer, when the U.S. District Court for the Southern District of California granted its motion for summary judgment in a false advertising dispute. In its suit, a competitor had accused our client of deceptively advertising the performance capabilities of its Graves’ disease test. The district court granted our client’s summary judgment motion because the plaintiff failed to prove it “suffered damages,” was not “entitled to a presumption of injury,” and could not satisfy “the elements for a permanent injunction.”  The Patterson Belknap team was led by Erik Haas, Rachel Sherman, Kade Olsen, and Julie Simeone.

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