New York Federal Judge Rejects Lanham Act Claim Over Citizen Petition

Mealey's (January 7, 2019, 1:52 PM EST) -- NEW YORK — In a Jan. 3 holding, a New York federal judge agreed with a defendant that it is protected by the Noerr-Pennington doctrine, as established in Eastern R.R. Presidents Conference v. Noerr Motor Freight, Inc., 365 U.S. 127, 136-39 (1961), and United Mine Workers v. Pennington, 381 U.S. 657, 669-70 (1965), from allegations it violated Section 43(a) of the Lanham Act, 15 U.S.C. § 1125, when it filed a citizen petition with the U.S. Food and Drug Administration (Elysium Health Inc. v. Chromadex Inc., No. 17-7394, S.D. N.Y., 2019 U.S. Dist. LEXIS 1871)....