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news July 10, 2018

Amin Talati Upadhye, LLP Team Wins Again at the ITC in False Advertising Case

On July 9, 2018, Partners Joseph Cwik and Erin Conway earned a complete victory at the U.S. International Trade Commission (“ITC”) for the firm’s client ECI Pharmaceuticals LLC (“ECI”) when Complainants Valeant Pharmaceuticals North America LLC and Valeant Pharmaceuticals International, Inc. withdrew all allegations in their Amended Complaint against ECI and moved to terminate their case.   The withdrawal took place during the first day of two day early determination hearing on the issues of domestic industry and injury at the ITC.   See, In the Matter of Certain Clidinium Bromide and Products Containing The Same, Case No. 337-TA-1109.   The withdrawn Amended Complaint included Valeant’s allegations that ECI’s products unfairly competed against Valeant’s Librax and Librax AG products under the Lanham Act, and thus caused injury to Valeant’s alleged domestic industry.