Necessary Implications and Scintillas of Support: The Landham Act Defendant's Burden Post-Novartis
Antitrust Magazine
Summer 2004
The article discusses how the Third Circuit Court of Appeals, in Novartis Consumer Health, Inc. v. Johnson & Johnson-Merck Consumer Pharmaceuticals, Co., advanced two doctrines that could shift significantly the burdens of proof in Lanham Act false-advertising litigation.