Phenomenex Sues Waters

Earlier this year, Phenomenex voluntarily dismissed without prejudice (allowing for the case to be brought again) a similar suit against Thermo Fisher Scientific (see IBO 12/31/09, 4/30/10).

Los Angeles, CA 9/8/10—Phenomenex, a supplier of LC columns and sample preparation consumables, has filed suit against Waters in US District Court for the Central District of California. In its complaint, Phenomenex alleges false advertising and unfair competition related to Waters’s promotional material that makes statements about the performance of certain Waters’s LC columns in comparison to specific Phenomenex columns. Phenomenex requests enjoinment of further distribution of the materials, the retrieval and destruction of the materials, and the distribution of correction advertising and damages, among other remedies.

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