. IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF DELAWARE
PFIZER. INC., a Delaware Corporation, PFIZER )
IRELAND PHARMACEUTI.CAI,S, an Irish )
partnership, and WARNER~LA}.[BERT )
COMPANY, LLC, a Delaware limited liability )
company, )
)
Piaintiffs )
)
v_ ) Civil Action No. O4—l22l
) .
KEVIN HILLMAN, an individual, d/b/a )
-lx/QDPRESCREED d/b/a )
SAK/EONGENERIC.COM, )
)
Defendant )
)
CONSENT JUDGMENT AND PERMANENT INJUNCTION
S Whereas Pfizer Inc., Pfizer Ireland Fharmaceuticals and Warner-Lambert Company, LLC
(collectively, “Plaintit`t`s" or "Piizerâ€), have instituted this action against Defendant Kevin
Hillman d/is/a Medprescribed d/b/a
infringement of Plaintit`fs’ United States Patent No. 5,969,156 (“’ 156 patent") and United States
Trademark Registration No. 2074561 for LIP1TOR®;
WHEREAS, Hillman admits his infringement of the ‘ 156 patent and the LIPITOR®
trademark;
g WHEREAS, the Plaintiffs and Hillman have agreed to settle this action and to stipulate to
the foiiowing Consent Judgment and Permanent Injunction;
IT IS ORDERED, ADSUDGED AND DECREED that final 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 8 Filed 10/27/2005 Page 2 of 4
4 l. This Court has jurisdiction over the parties and the subject matter of the
complaint. Venue in this District is proper.
2. Warner—Lambe1t Company, LLC is the legal owner ofthe ‘ l 56 patent,
_ 3. Pfizer Ireland Pharmaceuticals is the legal owner of the L@ITOR® trademark,
U.S.P.'l`.O. Reg. No. 207456l,
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 ofthe °l56 patent sold by Hillman under the "Generic Lipitor" name and promoted by
Hillman as "generic Lipitor",
5. The LIPITC)R® trademark is valid, enforceable, distinctive, famous, and infringed
by, inter alia, P`{illman’s use of this trademark on his website in metatags and otherwise to
promote and sell ‘“Generic Lipitor";
6. Hillman, his agents, servants, and 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 Lip.itor," or any other
pharmaceutical product which contains atorvastatin, in the United States;
b. Utilizing any textual or visual features of Plaintiffs’ LEITOR® 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 Ptizer or its subsidiaries or
affiliated companies, including but not limited to the following Pfizer brand names and
‘ their associated logos: LIPITOR, VIAGRA, CARDURA, CELEBREX, DIFLUCAN,
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Y _ Case 1:04-cv-01221-JJF Document 8 Filed 10/27/2005 Page 3 of 4
GLUCOTROL, NEURONTIN, NORVASC, ZITHROMAX, ZOLOPT, and ZYRTEC
(hereinafter "Pfizer 'l`rademarks").
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 afliliated companies,
including, but not limited to, LIPETOR, VIAGRA, CARQURA, CELEBREX,
DELUCAN, GLUCOTROL, NEURONTIN, NORVASC, ZITHROMAX, ZOLOFT, and
ZYRTEC (hereinafter ".Pfi2;er Pharmaceutical Pro<.iuct");
fi Using any mark in a manner so as to cause the dilution ofthe distinctive
I quality ofPfizer’s LlPITOR® trademark, or any ofthe Ptizer 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 . lf 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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U _ ` ¤ Case 1 :04-cv-01221-JJF Document 8 Filed 10/27/2005 Page 4 of 4
8. Piizefs 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 shali become effective immediateiy. The Clerk is directed to enter this
Consent Judgment and Permanent injunction.
11. Each party shalt 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 ofthe foregoing Order.
CONNOLLY BOVE LODGE & HUTZ LLP WHITE AND WILLIAMS LLP
rr
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n -1) Et - .— an ___..-- n Q lnnl 72
(Rua r` . um (tp N0. 484) urére s. at-im; ne. ‘‘‘‘ "
I e e . Bove (1}) No. 998) 824 N. Market Street, Suite 902
Ja ` s D. Heisman (ID No. 2746) P.O. Box 709
1007 N. Orange Street Wilmington, DE 19899-0709
P. O. Box 2207 Phone: (302) 467-4520
Wilmington, DE 19899-2207 Antomeysfor Kevin Hillman ci/b/a
Phone: (3 02) 658-914t A/[edprescribed nl/Z2/a
Aitorneysfor Pjizer, Inc., Pfizer Ireland
Pharmaceuticals, and Wamer——Lambert
Company, LLC
in J 3.=<’?`s—"§’f gjflgigegr EQ;
Dated; . Dated: J-u-lᤤ 2005
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