Judge Chuang rejected ExeGi’s claims that Alfasigma’s training materials for new hires and sales staff also violated the injunction, finding them “legally inappropriate” but concluding that there was no evidence the materials were distributed to or used with consumers.
While ExeGi sought millions of dollars in disgorgement, Judge Chuang limited the sanction to attorney’s fees. Alfasigma’s attorney, Mark Weissman of Offit Kurman PA, expressed relief over the decision, noting that the court denied ExeGi’s broader demands and efforts for further discovery.
“Although our client made substantial efforts to comply with the injunction, we understand that the court found that our client’s efforts fell short,” Weissman said in a statement. “We are also glad that the court denied ExeGi’s request for continuing discovery, so that this matter can finally be put to rest.”
ExeGi representatives did not immediately respond to requests for comment.
The case is De Simone v. VSL Pharmaceuticals Inc. et al., case number 8:15-cv-01356, in the U.S. District Court for the District of Maryland.
