Intellectual Property News and Reports

VSL Pharmaceuticals, Inc. and Alfasigma USA, Inc. appeal the district court’s order finding them in contempt of the court’s permanent injunction. The injunction prohibited VSL and Alfasigma from suggesting in promotional materials that their probiotic contained the same formulation as one marketed by Claudio De Simone and ExeGi Pharma, LLC.

VSL and Alfasigma argue (1) their statements weren’t contemptuous, (2) their statements didn’t harm De Simone or ExeGi, (3) the district court improperly awarded De Simone and ExeGi attorneys’ fees, and (4) VSL and Alfasigma shouldn’t be jointly liable for the fee award. We affirm.

Download Claudio De Simone v. VSL Pharmaceuticals Inc.