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
[*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.
Designated deposition testimony
Continuing Education for doctors, nurses and technicians
Contrast Induced Nephropathy or renal damage caused by x-ray
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
Novation's DCAM for CT (i.e., x-ray) contrast media
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
Delayed Hypersensitivity Reactions
Novation's DCAM for a dual source award for both CT (i.e., x-ray)
and MR contrast media
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"Read The Full CaseNot a Lexis Advance subscriber? Try it out for free.
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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)
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