Healthpoint, Ltd. v. Stratus Pharmaceuticals, Inc.
The lawsuit involves Healthpoint Ltd. and Stratus Corporation concerning competing enzymatic wound ointments, Aceuzyme/Panafil (Healthpoint) and Kovia/Ziox (Stratus). Healthpoint alleged false advertising, unfair competition, dilution, and palming off by Stratus, claiming Stratus misrepresented its products as 'generic' or 'bioequivalent' to Healthpoint's. Stratus counterclaimed with similar allegations of false advertising against Healthpoint. The court addressed the primary jurisdiction of the FDA regarding drug classification and labeling, deferring misbranding claims to the FDA. Ultimately, the court granted Healthpoint's motion for a preliminary injunction in part, enjoining Stratus from making specific false or misleading claims about its products' equivalence, and denied Stratus' cross-motion.