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2 In its ruling, the Court stated the following: “Here, the Court is the fact-finder, and has found that GEH’s [GE Healthcare] conduct is in violation of the Lanham Act; accordingly, Bracco has demonstrated actual success of the merits and in turn, irreparable injury.” “Finally, it is well within the public interest for this Court to enjoin GEH from disseminating false messages regarding iodixanol.” “In connection with Bracco’s claim, the Court finds that an injunction and damages for post and future corrective advertising are appropriate remedies to prevent future violations of the Lanham Act.” The Court has ordered GE Healthcare to take a series of corrective actions within 60 days, including, but not limited to: Be permanently enjoined from making false claims about the comparative safety profile of iodixanol; Issue a press release that would also be posted on its website on the Court’s decision; Issue corrective advertisements; Re-train its sales and marketing staff in accordance with the Court’s decision; When citing studies in its advertising, plainly identify which studies the findings relate to and refer to the comparator drugs by either their brand or scientific names. GE Healthcare had also filed a counterclaim against Bracco, but the Judge granted GE Healthcare no relief whatsoever. This litigation was originally filed in December 2003. The 39-day trial, taking place from May to December of 2007 and including the testimony of seven contrast agent experts, 34 other witnesses and the entry into evidence of over 1400 exhibits, was one of the most comprehensive examinations of false advertising claims in legal history. Kramer, Levin, Naftalis & Frankel, LLP served as legal counsel to Bracco. A copy of the Court’s Order follows this press release. About Bracco Imaging Bracco Imaging S.p.A. is one of the world’s leading companies in the diagnostic imaging business. Bracco Imaging develops, manufactures and markets diagnostic imaging agents and solutions that meet medical needs and facilitate clinical solutions. Headquartered in Milan, Italy, Bracco Imaging operates in over 80 markets worldwide, either directly or indirectly, through subsidiaries, joint ventures, licenses and distribution partnership agreements.
3 Bracco Imaging is a subsidiary of Bracco S.p.A., the holding company of the Bracco Group which also markets Ethical and Over The Counter (OTC) pharmaceutical products in Italy as well as Advanced Medical Technology systems worldwide. Furthermore, the Bracco Group offers diagnosis services through the Milan-based Centro Diagnostico Italiano (Italian Diagnostic Center). For more information, visit www.braccoimaging.com. # # # UNITED STATES DISTRICT COURT DISTRICT OF NEW JERSEY ___________________________________ BRACCO DIAGNOSTICS, INC. : : Plaintiff, : Civil Action No. 03- 6025(FLW) : v. : : AMERSHAM HEALTH, INC., et al., : : ORDER Defendants. : __________________________________ THIS MATTER having been opened to the Court by Plaintiff Bracco Diagnostics, Inc. (“Bracco”), through its counsel Donald L. Rhoads, Esq., on a four count Complaint against Defendants Amersham Health Inc., Amersham Health AS, and Amersham PLC (collectively “GEH”), alleging (1) dissemination of false and misleading advertisements in violation of Section 43(a) of the Lanham Act; and (2) N.J.S.A. 56:4-1 et seq.; (3) violations of the common law of unfair competition; and (4) negligent misrepresentations; it appearing GEH, through its counsel Richard L. DeLucia, Esq., filed a Counterclaim against Bracco for alleged false advertising; it appearing that this Court held a thirty-nine day bench trial in the above-captioned matter; it appearing that after the trial, the parties submitted proposed findings of fact, conclusions of law, Daubert motion papers, and post-trial briefs; it appearing, as agreed by the parties, that this Court would reserve judgment on any pending Daubert motions at trial and rule on those motions in this Court’s Findings of Fact and Conclusions of Law as appear in this
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FOR IMMEDIATE RELEASE Media Contact: Andrea Calise ...

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