A complete victory for our client, Merck & Cie! On January 31, 2013, the Hon. R.J. Sullivan of the Southern District of New York issued his decision regarding this matter that went to trial in 2011—and it was well worth the wait! The court found Brookstone Pharmaceuticals liable for false advertising and awarded Merck & Cie treble damages in the amount of $11.6 million, as well as attorneys’ fees and costs. Judge Sullivan also ordered Brookstone to engage in a campaign of commercial advertising and found that two of their executives were individually liable.
This is another great success for the Alston & Bird Merck Team. Members include Natalie Clayton, Bob Hanlon, Tom Parker, Dwayne Norton, Vickie Spataro, Lance Soderstrom and Andrew Sterling. The case appears as Merck Eprova AG v. Brookstone Pharmaceuticals, LLC a/k/a Acella Pharmaceuticals LLC, et al., Case No. Case 1:09-cv-09684-RJS (SDNY).