Tag: Products
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Marketing Expert Witness’ Testimony on Consumer Perceptions Excluded Because His Survey is Flawed
Plaintiff Multiple Energy Technologies, LLC (“MET”) accused Under Armour of false advertising in relation to certain products that contain bioceramic powder. MET contended that Under Armour inaccurately claimed that the Federal Food and Drug Administration had determined that those products enhanced recovery. Under Armour sells activewear and sleepwear products directly to consumers. This includes the…
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Court Bars Intellectual Property Expert Witness for Opining on Straightforward Matters of Law
A district judge in New York held that the report of a intellectual property expert witness spoke to straightforward areas of the law where juries did not require assistance. Plaintiff Medical Depot, Inc. and Defendant Med Way US, Inc. are both manufacturers of medical products, including specially designed medical air mattresses. Medical Depot, Inc. began selling various air…
