IN TI-IE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF DELAWARE
PFIZER INC., tt Delaware corporation, )
PFIZER IRELAND Pl-IARl\rIACEUTlCALS,z1n )
Irish partnership, and WARNER-LAl\¤IBER'[` )
COMPANY, LLC, :-1 Delaware limited liability )
company, )
) C.A. No. 04-1220 JJF
Plaintiffs, )
)
v. )
) .
DEBRA COHEN, nn individual, )
d/b/a LIVE-MORE-FIlI.LY.COM, )
)
Defendant. )
)
CONSENT JUDGMENT AND PERMANENT INJUNCTION
Whereas Pfizer ine., Pfizer Ireland Pharntaeeuticals and Warner—Lzunbcrt Company, LLC
(cottgcttvcty, “Plaintifts" or "I’tizer"), have instituted this action against Defendant Debra Cohen
qt/b/it
Patent No, 5,969,i 56 ("` l56 patent") and United States Trademark Registration No. 2074561 for
intron ®;
Wl-lERl£.·\S. Cohen admits her ittfringctttent 0i` the ‘l56 patent and the LIPITORLE
trademark;
WHEREAS, the Plaintiffs and Cohen have agreed to settle this action and to stipulate to
the following Consent Judgment and Permanent lnjurtction:
IT IS ORDERED, ADJUDGED AND DECREED that final judgment pursuant t0 Rule
54 ofthe Federal Rules of Civil Procedure is entered as follows:
Case 1:04-cv—01220-JJF Document 9-2 Filed 06/20/2006 Page 2 of 4
l. This Court has jurisdiction over the parties and the subject matter of the
complaint. Venue in this District is proper.
2. Warner-Lambert Company, LLC is the legal owner ofthe ‘l56 patent;
3. Ptizer ireland Pharmaceuticals is the legal owner of the LlPITOR® trademark,
U.S.P.T.O. Reg. No. 2074561;
4. The ‘l56 patent is valid, enforceable and infringed by Cohen’s importation into
and sale within the United States of a product containing the atorvastatin compound covered by
the claims of the`l56 patent sold by Cohen under the "generic Lipitor" name and promoted by
Cohen as "generie Lipitor";
5. The LIPlTOR® trademark is valid. enforceable, distinctive, famous, and infringed
by, inter u/iu, Cohen’s use of this trademark on her website in metatags and otherwise to
promote and sell "gencric Lipitor";
6. Cohen, her agents, servants, employees and attorneys, 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 "Generie Lipitor," or any other
pharmaceutical product which contains atorvastatin. in the United States;
b. Utilizing any textual or visual features of Plaintift`s‘ LlPITOR® 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
afiiliated companies, including but not limited to the following Pfizer brand names and
- 2 .
Case 1:04-ev—01220-JJF Document 9-2 Filed 06/20/2006 Page 3 of 4
their associated logos; LIPITOR, VIAGRA, CARDURA, CELEBREX, DIFLUCAN,
GLUCOTROL, NEURONTIN, NORVASC, ZITIIROMAX, ZOLOFT, and ZYRTEC
(hereinafter “‘Pli2er Tradc1narks").
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 corutection between Pfizer and a
non-Pfizer product and from otherwise competing unfairly with Pfizer;
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,
DIFLUCAN, GLUCOTROL, NEURONTTN, NORVASC. Zl'l`l1ROMAX, ZOLOFT. and
ZYRTEC (hereinafter "Pfizer Pharmaceutical Product");
1`. Using any mark in a manner so as to cause the dilution ofthe distinctive
quality ofPfizer’s LlPi'l`OR® trademark, or any ofthe Pfizer Trademarks; and
g. Offering for sale, sale, marketing, advertising or promotion (including on
the internet) any pharmaceutical product that has not been approved bythe 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. [fthe Court finds that Defendant has violated this Order, Pfizer shall be entitled to
(a) pursue any and all remedies available to it tbr such violation, including, but not limited to,
- 3,.
Case 1:04-cv—01220-JJF Document 9-2 Filed 06/20/2006 Page 4 of 4
seeking an order Ending Defendant in contempt of the Order, and (b) an award of damages.
attorncys’ fees and costs incurred as a result of P[izer’s having to pursue such violation.
8. Plixcr‘s Complaint is dismissed without prejudice.
9. Each person executing this Order on behalf of a corporation or individual
represents that he or she is authorized to do so.
l0. This Order shall become effective immediately. The Clerk is directed to enter this
Consent Judgment and Permanent injunction.
1 l. Each party shall bear its own costs and attomeys‘ fees; and
l2. 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.
Connolly Bovc Lodge & Ilutz LLP Debra Cohen d/b/a
. { 1
’D· "*"""""" t` J e'
Rudolf J utz (ii 484) -0 ___
Jeffre B ove (# 998) Print Name: D!-é>F{\ CO i’l{/')
James . Heisman (fi 2746) _ V,
1007 N, Orange Street FA wl- ' y PO Q P
P. O. Box 2207
Wilmington, DE 19899 Dated: March __, 2005
(302) 658-914l
Auorneysfor Pfizer Inc., Pfizer Ire/and
Pltarnrucetrlicu/s. und Warner—Lum!2er!
Company, LLC /
[¤>il),b[ ch
Dated:
l'l` IS SO ORDERED this __ day ofj 2005.
Ditrié gioun Judge £
37et5S
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