Firm Secures $33 Million Judgment in Trademark Suit
March, 2023 - New York, New York
Patterson Belknap secured a $33.4 million judgment on behalf of our client, a global healthcare company. The defendants, a gray-market wholesaler, and its husband-and-wife team of owners, were found to have unlawfully diverted and sold blood-glucose test strips packaged for international markets to U.S. pharmacies. The packaging and instructions for the diverted test strips were materially different and not compliant with FDA regulations and could not lawfully be sold in the U.S.
On March 24, 2023, U.S. District Judge Carol Bagley Amon of the Eastern District of New York ordered the wholesaler to pay nearly $26.5 million in damages, which was double our client's actual damages, plus $1.5 million in attorney fees and over $5 million in prejudgment interest to our client for a total of $33.4 million.
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