United States Second Circuit
ONY, Inc. v. Cornerstone Therapeutics, Inc., 12-2414
Judgment dismissing plaintiff's complaint alleging that defendants' article, and the distribution of selections from it, violates the Lanham Act and New York General Business Law section 349, and also constitutes tortuous injurious falsehood and interference with prospective economic advantage, is affirmed, where: 1) the district court correctly concluded that plaintiff has failed to state a claim based on publication of the article itself because the challenged statements are protected scientific opinion; and 2) the secondary distribution of excerpts of such an article cannot give rise to liability, so long as the excerpts do not mislead a reader about the conclusions of the article.
Appellate Information
- Decided 06/26/2013
- Published 06/26/2013
Judges
- LYNCH
Court
- United States Second Circuit