Pharmavite, LLC v. Weider Nutrition Group, Inc., et al.

Plaintiff made nutritional supplements under the Nature Made brand, including one called SAM-e that was used to alleviate arthritis pain and depression. Plaintiff alleged that defendants engaged in unfair competition through the sale of their own SAM-e product to Sam’s Club stores and that they were damaged as a result of that action. In their expert report, Chad Shirley and Jeff Leitzinger presented two possible alternative damage measures: Pharmavite’s lost profits on lost sales to Sam’s Club stores, or the disgorgement of defendants’ actual profits on the sales of their SAM-e product to Sam’s Club stores. Dr. Shirley provided deposition testimony.