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Bracco Diagnostics, Inc. v. Amersham Health, Inc.

United States District Court for the District of New Jersey

March 25, 2009, Decided; March 25, 2009, Filed

Civil Action No. 03-6025

Opinion

 [*396]  AMENDED OPINION

Glossary of Abbreviations

Amersham Health Inc. (U.S.-based Counterclaim Plaintiff)

GEH Area Sales Director

Adequate and well-controlled study

Bracco Diagnostics Inc.

[witness] D

Designated deposition testimony

[witness] Dec

Designated declaration

Continuing Education for doctors, nurses and technicians

Contrast Induced Nephropathy or renal damage caused by x-ray

contrast medium

Contrast Medium or Contrast Media

Continuing Medical Education for doctors

Centers for Medicare and Medicaid Services

Computer Tomography. A type of x-ray procedure where the CM is

given by i.v. administration

CT DCAM

Novation's DCAM for CT (i.e., x-ray) contrast media

CT+MR DCAM

Novation's DCAM for both CT (i.e., x-ray) and MR contrast media

Bracco's Proposed Post-Trial Conclusion Of Law at paragraph "x"

Dx : y

Defendant's Trial Exhibit "x" at page "y" (where y is the last three

numbers of a Bates number, if applicable)

Decision Criteria Award Matrix

DHRxns

Delayed Hypersensitivity Reactions

Dual DCAM

Novation's DCAM for a dual source award for both CT (i.e., x-ray)

and MR contrast media

Financial Criteria

United States Food and Drug Administration

GEH Healthcare, which acquired the three named defendants, who in

turn acquired Amersham and Nycomed

Group Purchasing Organization

High Osmolar Contrast Medium

intra-arterial (form of administration directly into an artery)

Intra-venous (form of administration directly into a vein)

GEH's trademarked term, Isosmolar Contrast Medium

Novation's June 14, 2004 "Invitation to Bid"

Journal of the American College of Cardiology

Key Opinion Leader

"Low Best Bid" or "Low Best Bidder"

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627 F. Supp. 2d 384 *; 2009 U.S. Dist. LEXIS 23560 **; 2009-2 Trade Cas. (CCH) P76,740

BRACCO DIAGNOSTICS, INC., Plaintiff, vs. AMERSHAM HEALTH, INC., et al., Defendants.

Subsequent History: As Amended June 5, 2009.

Prior History: Bracco Diagnostics, Inc. v. Amersham Health, Inc., 2007 U.S. Dist. LEXIS 51828 (D.N.J., July 18, 2007)

CORE TERMS

Visipaque, NEPHRIC, LOCM, advertising, sales, studies, patients, messages, Lanham Act, renal, false advertising, disseminated, reliable, damages, literally, clinical, bid, Consumer, tested, customers, products, scientific, unreliable, causation, misleading, asserts, contends, promotion, courts, willful

Evidence, Admissibility, Expert Witnesses, Daubert Standard, Expert Witnesses, Antitrust & Trade Law, Consumer Protection, False Advertising, Lanham Act, Testimony, General Overview, Relevance, Exclusion of Relevant Evidence, Confusion, Prejudice & Waste of Time, Deceptive & Unfair Trade Practices, Federal Trade Commission Act, State Regulation, Constitutional Law, Freedom of Speech, Commercial Speech, Fundamental Freedoms, Scope, Advertising, Burdens of Proof, Clear & Convincing Proof, Civil Procedure, Trials, Jury Trials, Province of Court & Jury, Allocation, Business & Corporate Compliance, Governments, Agriculture & Food, Federal Food, Drug & Cosmetic Act, Governments, Preponderance of Evidence, Inferences & Presumptions, Presumptions, Presumptions, Rebuttal of Presumptions, Remedies, Injunctions, Grounds for Injunctions, Permanent Injunctions, Federal Unfair Competition Law, Lanham Act, Remedies, Judicial Officers, Judges, Discretionary Powers