Firm Secures Second Circuit Affirmance for Healthcare Client Against “Gray Market” Distributors

On November 3, 2016, the Firm secured a significant victory for our client, a global healthcare company, when the United States Court of Appeals for the Second Circuit affirmed a district court’s preliminary injunction against multiple distributors less than a week after oral argument.  The preliminary injunction, which the Firm initially won in the Eastern District of New York in November 2015, barred distributors from importing and selling our client’s blood glucose test strips in international packaging in the United States because that packaging was materially different than the packaging used by our client for the test strips it sells domestically.  Now more than 300 defendants are enjoined from selling our client’s test strips on the "gray market."

To read press on the November 3, 2016 decision, click here and here.