Free Consent Judgment - District Court of Delaware - Delaware

Case 1 :04-cv-01220-JJF Document 8 Filed 11/O1/2005 Page 1 of 4
IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF DELAWARE
PFIZER INC., a Delaware corporation, )
PFIZER IRELAND Pl-IARMACEUTICALS, an )
Irish partnership, and WARNEILLAMBERT )
COMPANY, LLC, a Delaware limited liability )
company, )
) C.A. No. 04-1220 JJF
Plaintiffs, )
)
v. )
) _
DEBRA COHEN, an individual, )
d/b/a LIVE-l\1OR.E—FULLY.COM, )
)
Defendant. )
)
CONSENT JUDGMENT AND PERMANENT INJUNCTION
Whereas Pfizer Inc., Pfizer Ireland Pharmaceuticals and Warner-Lambert Company, LLC
(cgltggttvcly, "Plaintiffs" or "Pfizer"), have instituted this action against Defendant Debra Cohen
rt/b/a ("Cohen") for, inter alfa, infringement of Plaintift`s‘ United States
Patent No, 5,969,156 ("‘ 156 patent") and United States Trademark Registration No. 2074561 for
Ltarroa ®;
WHEREAS, Cohen admits her infringement of the ‘l56 patent and the LIPITOR®
trademark;
WHEREAS, the Plaintiffs and Cohen have agreed to settle this action and to stipulate to
the following Consent Judgment and Permanent Injunction:
IT IS ORDERED, ADJUDGED AND DECREED that final judgment pursuant to Rule
54 ofthe Federal Rules ofCivi1 Procedure is entered as follows:

_ _ _ Case 1:04-cv-01220-JJF Document 8 Filed 11/O1/2005 Page 2 of 4
1. 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 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 ‘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 "generic Lipitor";
5. The LlPITOR® trademark is valid, enforceable, distinctive, famous, and infringed
by, inter alia, Cohen’s use of this trademark on her website in metatags and otherwise to
promote and sell “generic 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 "Generic Lipitor," or any other
pharmaceutical product which contains atorvastatin, in the United States;
b. Utilizing any textual or visual features of Plaintiffs’ L1PlTOR® 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
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_ ( Case 1 :04-cv-01220-JJF Document 8 Filed 11/O1/2005 Page 3 of 4
their associated logos: LIPITOR, VIAGRA, CARDURA, CELEBREX, DIFLUCAN,
GLUCOTROL, NEURONTIN, NORVASC, ZITHROMAX, 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 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, NEURONTIN, 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 LIPITOR® 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,
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_ ` _ _ _ Case 1 :04-cv-01220-JJF Document 8 Filed 11/O1/2005 Page 4 of 4
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 PIizer’s having to pursue such violation.
8. Pfizer’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.
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 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 Bove Lodge & Hutz LLP Debra Cohen d/b/a fully.c0m
Rudolf Q utz (# 484) »
Jeffre B ove (# 998) Print Name: Qi
James . Heisman (# 2746) _ _/
1007 N. Orange Street ppl wif l I PO Q P
P. O. Box 2207
Wilmington, DE 19899 Dated: March _, 2005
(302) 658-9141
Attorncysfor Pfizer Inc., Pjizer Ireland
Pharmaceaiticals, and Warner—Lambert
Company, LLC /
isliinl 95
Dated:
IT IS SO ORDERED this j day ofi i;l 2005.
• ‘ \ /3,/
W S. D tri ouit Judge
376155
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