Sunrise Pharmaceutical, Inc., filed suit against Leason Ellis client Vision Pharma, LLC alleging unfair competition and false advertising under the Lanham Act, unfair competition under state statutory and common law, tortious interference with prospective economic relations, and trade libel. The District Court dismissed Sunrise’s complaint, holding that the Noerr-Pennington doctrine barred Sunrise’s claims. We defended the appeal of the district court’s decision and the Third Circuit Court of Appeals affirmed the District Court’s order that Sunrise failed to plausibly plead a right to relief. Petition for rehearing was denied.
The Leason Ellis team included partner Cameron Reuber and associate Henry Gabathuler who argued the Third Circuit appeal. See Sunrise Pharmaceutical, Inc. v. Vision Pharma, LLC, et al., 19-1960 (3d. Cir); Sunrise Pharmaceutical, Inc. v. Vision Pharma, LLC, et al., Case 2:17-cv-04074 (D. NJ).