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Westlaw News

IN BRIEF: Supplement makers owe $18 mln for marketing copy as original – 4th Circuit

The 4th U.S. Circuit Court of Appeals on Wednesday affirmed an $18 million verdict for probiotic-formula inventor Claudio De Simone and his new licensee, ExeGi Pharma, including $15 million for false advertising under the Lanham Act. The 4th Circuit said there was sufficient evidence to support a jury’s 2018 finding that Leadiant Biosciences Inc had reverse-engineered an imperfect copy of De Simone’s signature “VSL#3” supplement after he withdrew from their joint venture, VSL Pharmaceuticals Inc, in 2014; and that Leadiant and its successor, Alfasigma USA, had marketed the copy as if it were the original. To read the full story on Westlaw Today, click here: bit.ly/3bcDcI8

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