Schering-Plough Healthcare Prod., Inc. , No. 09-1438

In plaintiff's section 43(a)(1)(B) of the Lanham Act suit against defendants involving oral laxative drug and over-the-counter versions of the drug manufactured by defendants, district court's dismissal of plaintiff's complaint without prejudice is affirmed as the FDA is conducting a proceeding to determine whether defendants' drugs are misbranded now that there is an over-the-counter version of the drug.   

Read Schering-Plough Healthcare Prod., Inc. , No. 09-1438

Appellate Information

Appeal from the United States District Court for the Eastern District of Wisconsin

Decided October 29, 2009

Judges

Before:  Posner, Flaum, and Rovner, Circuit Judges

Opinion by Posner, Circuit Judge