Free Consent Judgment - District Court of Delaware - Delaware


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Date: November 1, 2005
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Category: District Court of Delaware
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Case 1 :04-cv-01221-JJF Document 9 Filed 10/31/2005 Page 1 of 4
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IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF DELAWARE
PFIZER INC., a Delaware Corporation, PFIZER )
IRELAND PHARMACEUTICALS, an Irish )
partnership, and WARNER-LAMBERT )
COMPANY, LLC, a Delaware limited liability )
company, )
)
Plaintiffs )
)
v. ) Civil Action N0. O4-1221
) .
KEVIN HILLMAN, an individual, d/b/a )
MZEDPRESCRIBED d/b/a )
SAV EONGENERICCOM, )
)
Defendant )
)
CONSENT JUDGMENT AND PERMANENT INJUNCTION
` Whereas Pfizer Inc., Pfizer Ireland Pharmaceuticals and Warner-Lambert Company, LLC
(collectively, "Plaintif`fs" or "Piizcr"), have instituted this action against Defendant Kevin
Hillman d/b/a Medprescribed d/b/a ("I—lillman") for, inter alia,
infringement of Plaintif`f`s’ United States Patent No. 5,969,156 ("’156 patent") and United States
Trademark Registration No. 207456l for LI.P1TOR°°;
WHEREAS, Hillman admits his infringement of the ‘I56 patent and the LIPITOR®
trademark,
WHEREAS, the Plaintiffs and Hillman have agreed to settle this action and to stipulate to
the following Consent Judgment and Permanent Injunction;
IT IS ORDERED, ADJUDGED AND DECREED that iinal judgment pursuant to Rule
54 ofthe Federal Rules of Civil Procedure is entered as follows:
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_ _ _ _ _ Case 1:04-cv-01221-JJF Document 9 Filed 10/31/2005 Page 2 of 4
1. This Court has jurisdiction ver the parties and the subject matter of the
complaint. Venue in this District is proper.
2. Warner-Lambert Company, LLC is the legal owner of the ‘ 156 patent;
3. Pfizer Ireland Pharmaceuticals is the legal owner of the LIPITOR°° trademark,
U.S.P.T.O. Reg. No. 2074561;
4. The ‘156 patent is valid, enforceable and infringed by Hillman’s importation into
and sale within the United States of a product containing the atorvastatin compound covered by
the claims of the ‘ 156 patent sold by Hillmanllunder the "Generic Lipitor" name and promoted by
Hillman as "generic Lipitor";
5. The LIPITOR°° trademark is lid, enforceable, distinctive, famous, and infringed
by, in/er alia, Hillman’s use of this trade rk on his website in metatags and otherwise to
promote and sell “Generic Lipitor";
6. Hillman, his agents, servants} d employee, and those persons in active concert
or participation with them having notice of this Order, are hereby permanently enjoined from:
a. Selling, shipping or otherwise distributing "Generic Lipitor," or any other
pharmaceutical product which contains atorvastatin, in the United States;
b. Utilizing any textual or visual features of Plaintiffs’ L1PITOR°° trademark
or overall appearance or the associated LIPITOR 3 ring logo, U.S.P.T.O. Reg. No.
2891578;
c. Using any designation, mark, logo, slogan, tagline, term or title
confusingly similar to any trademark owned or used by Pfizer or its subsidiaries or
affiliated companies, including but not limited to the following Pfizer brand names and
their associated logos: LIPITOR, VIAGRA, CARDURA, CELEBREX, DIPLUCAN,
a

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g { _ ( Case 1:04-cv-01221-JJF Docu lent 9 Filed 10/31/2005 Page 3 of 4
GLUCOTROL, NEURONTIN, NO ASC, ZITI-[ROMAX, ZOLOFT, and ZYRTEC
(hereinafter "Pfizer Trademarks").
d. Representing by any means whatsoever, directly or indirectly, or doing
any other acts or things calculated or likely to cause confusion, mistake or to deceive
purchasers into believing that a product offered for sale by Defendant originates with or
is a product of Pfizer or that there is any affiliation or connection between Pfizer and a
non-Pfizer product.
e. Falsely claiming or otherwise implying that any product Defendant sells is
the same as, equivalent to, as effective as, a substitute for, a generic version of or a
replacement for any product sold by Pfizer or its subsidiaries or affiliated companies,
including, but not limited to, LIPITOR, VIAGRA, CARDURA, CELEBREX,
DIQFLUCAN, GLUCOTROL, NEURONTTN, NORVASC, ZITHROMAX, ZOLOFT, and
ZYRTEC (hereinafter “Pfizer Pharmaceutical Product");
f. Using any mark in a manner so as to cause the dilution of the distinctive
quality of Pfizer’s L1PITOR°° trademark, or any of the Pfizer Trademarks; and
g. Offering for sale, sale, marketing, advertising or promotion (including on
the Internet) any pharmaceutical product that has not been approved by the United States
Food and Drug Administration for sale in the United States, as the chemical equivalent or
generic version of any Pfizer Pharmaceutical Product.
7. If the Court finds that Defendant has violated this Order, Pfizer shall be entitled to
(a) pursue any and all remedies available to it for such violation, including, but not limited to,
seeking an order finding Defendant in contempt of the Order, and (b) an award of damages,
attorneys’ fees and costs incurred as a result of Pfizer’s having to pursue such violation.
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ig Case 1 :04-cv-01221-JJF Document 9 Filed 10/31/2005 Page 4 of 4
8. Pfizer’s Complaint is dismissed with prejudice.
9. Each person executing this Order on behalf of a corporation or individual
represents that he or she is authorized to do so.
10. This Order shall become effective immediately. The Clerk is directed to enter this
Consent Judgment and Permanent Injunction.
1 1. Each party shall bear its own costs and attorneys’ fees; and
12. This Court shall retain jurisdiction for the purpose of enforcing the provisions of
this Consent Judgment and Permanent Injunction.
We hereby consent to the form and entry of the foregoing Order.
!.
ll

CONNOLLY BOVE LODGE & HUTZ LLP WHITE AND WILLIAMS LLP
< . ' Q §
_ D · P 5 j Ci #1 ~l
Rud f` . Hutz (ID No. 484) il arc S. asarino (H) No. 3 3)
Je re . Bove (ID No. 998) lg 824 N. Market Street, Suite 902
Ja s D. Heisman (ID No. 2746) P.O. Box 709
1007 N. Orange Street 1, Wilmington, DE 19899-0709
P. O. Box 2207 Phone: (302) 467-4520
Wilmington, DE 19899-2207 ll Atlorneysfar Kevin Hillman d/b/a
Phone: (302) 658-9141 if Medprescribed d/b/a
Altarneysfar Pfzer, Inc., Pfizer Ireland
Pharmaceuticals, and Warner-Lamberl li
Company, LLC
Dated: J i Dated: 2005
:
3 ·
IT IS SO ORDERED this day of 0 ober , 2005 .


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