CRA advised counsel on behalf of Church & Dwight Co., Inc. to determine damages relating to a false advertising matter under the Lanham Act. The Court bifurcated liability and damages. In the liability phase, the Court found Swiss Precision Diagnostics GmbH (SPD) liable for falsely advertising the Weeks Estimator pregnancy tests, and also enjoined SPD from distributing the products in the United States. In the damages phase, CRA expert Dr. Gregory K. Bell provided written and trial testimony in the U.S. District Court for the Southern District of New York concerning damages. The court awarded Church & Dwight $9.96 million, reflecting Dr. Bell’s lost profits damages opinion.
CRA’s team was led by Gregory K. Bell in the Life Sciences Practice in Boston, and James J. Donohue and Richard Franciosa in the Intellectual Property Practice in New York.