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Vitamins Online, Inc. v. Heartwise, Inc.

United States District Court for the District of Utah, Central Division

September 24, 2019, Decided; September 24, 2019, Filed

Case No. 2:13-cv-00982-DAK

Opinion

*SEALED*

MEMORANDUM DECISION AND ORDER

This matter is before the court on Plaintiff Vitamins Online's, Inc.'s Motion [*2]  for Summary Judgment on Review Claims [ECF No. 299], Motion for Summary Judgment on Product Claims1 [ECF No. 302], Motion for Summary Judgment Dismissing Counterclaims [ECF No. 308], Motion to Exclude Testimony of HeartWise, Inc's Expert Witness Richard S. Hoffman [ECF No. 304], Motion to Exclude Expert Testimony of Dr. You [ECF No. 305], Motion to Exclude Testimony of Mollie Kober [ECF No. 306], and Motion to Exclude testimony of Thomas Barman [ECF No. 307], and Defendant HeartWise, Inc.'s Renewed Motion for Summary Judgment on Review Claims [ECF No. 274], Motion for Partial Summary Judgment on Ingredients Claims [ECF No. 298], Motion for Summary Judgment to Preclude Disgorgement Remedy [ECF No. 300], Motion to Exclude Testimony of Julian McAuley [ECF No. 288], Motion to Exclude testimony of Michael A. Belch [ECF No. 289], Motion to Exclude Product Testing Testimony of Norman Howe [ECF No. 290], Motion to Exclude GMP Testimony of Norman Howe [ECF No. 291], Motion to Exclude Testimony of Tommy Noonan [ECF No. 292], Motion to Exclude Testimony of Stan V. Smith [ECF No. 293], Motion to Strike Plaintiff's Jury Demand [ECF No. 376], Objection and Motion to Strike [ECF No. 406], and Omnibus [*3]  Objections to Evidence Cited in and Submitted in Support of Vitamins Online's Reply Memoranda [ECF No. 407]. The court held a hearing on the Motions for Summary Judgment on September 4, 2019. At the hearing, Plaintiff was represented by James E. Magleby, David F. Mull, and Edgar R. Cataxinos, and Defendant was represented by Joseph R. Trojan and E. Scott Savage. The court took the matters under advisement. The court considered carefully the memoranda and other materials submitted by the parties, as well as the law and facts relating to the motions. Now being fully advised, the court issues the following Memorandum Decision and Order.

BACKGROUND

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2019 U.S. Dist. LEXIS 211439 *

VITAMINS ONLINE, INC., a Delaware corporation, Plaintiff, v. HEARTWISE, INC., an Oregon corporation d/b/a NATUREWISE, Defendant.

Prior History: Vitamins Online, Inc. v. Heartwise, Inc., 2015 U.S. Dist. LEXIS 170601 (D. Utah, Dec. 21, 2015)

CORE TERMS

Online, disgorgement, products, profits, Lanham Act, false advertising, consumers, damages, falsity, summary judgment, deception, sales, advertising, Ingredients, motion to exclude, summary judgment motion, argues, literally, parties, cambogia, garcinia, proxy, remedies, courts, cases, motions, jury trial, ambiguous, court finds, willful