Free Proposed Consent Judgment - District Court of Delaware - Delaware

_ Case 1 :04-cv-01220-JJF Document 7 Filed 10/27/2005 Page 1 of 4
IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF DELAWARE
PFIZER INC., a Delaware corporation, )
PFIZER IRELAND PHARlVIACEUT1CALS, an )
Irish partnership, and WARNER-LAMBERT )
COMPANY, LLC, a Delaware limited liability )
company, )
) C.A. No. 04-1220 JJ}?
Plaintiffs, )
)
v. )
)
DEBRA COHEN, an individual, )
d/b/a LIVE-MORE-`FULLY.COM, )
}
Defendant. )
)
CONSENT JUDGMENT AND PERMANENT INJUNCTION
Whereas Pfizer Inc., Pfizer Ireland Pharmaceuticals and Warner—La1n‘oert Company, LLC
jeeiieetiveiy, "Plaint2§ffs" or "Pfizer"), have instituted this action against Defendant Debra Cohen
qt/b/a ("Cohe11”) for, inter alia, infringement of Piaintiffs’ United States
Patent No. 5,969,l56 ("’ l56 patent") and United States Trademark Registration No. 207456i for
Lnanion ®;
WHEREAS, Cohen admits her infringement of the ‘l56 patent and the LIPTTOR®
trademark;
WHEREAS, the Plaintiffs and Cohen have agreed to settle tins action and to stipuiate to
the following Consent Judgment and Permanent injunction:
IT IS ORDERED, ADJUDGED DECREED that final judgment pursuant to Rule
54 ofthe Federal Rules of Civil Procedure is entered as follows:

_ Case 1:04-cv-01220-JJF Document 7 Filed 10/27/2005 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 of the ‘l56 patent;
3. Ptizer ireland Pharmaceuticals is the legal owner of the LlPlTOR® trademark,
U.S.P."l`.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 ctaims of the’ 156 patent sold by Cohen under the "generic Lipitor" name and promoted by
Cohen as "generic Lipitor";
5. The LlPi'l`OR® trademark is valid, enforceable, distinctive, famous, and infringed
by, inter alia, Cohen’s use of this trademark on her website in nietatags and otherwise to
promote and sell “generic Lipitor".;
6. Cohen, her agents, servants, employees and attomeys, 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 "G·eneric Lipitor," or any other
pharmaceutical product which contains atorvastatin, in the United States;
b. Utilizing any textual or visual features of ?laintit`fs’ LlPl'FOR® trademark
or overall appearance or the associated LlPITOR 3 ring logo, U.S.P.T.O Reg. No.
2891578;
c. Using any designation, mark, logo, slogan, tagline, term or titie
confusingly similar tc any trademark owned or used by Pfizer or its subsidiaries or
affiliated companies, including but not limited to the following ktizer brand names and
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_ Case 1:04-cv-01220-JJF Document 7 Filed 10/27/2005 Page 3 of 4
their associated logos: LIPITOR, VIAGRA, CARDURA, CELEBREX, DIFLUCAN,
GLUCOTROL, NEURONTHQ, NORVASC, ZITHROMAX, ZOLOFT, and ZYRTEC
(hereinafter? "`Ptizer Trademarl 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—Ptizer product and from otherwise competing unfairly with Pfizer;
e. Faisely claiming or otherwise implying that any product Defendant sells is
the sarne as, equivalent to, as effective as, a substitute for, a generic version of or a
replacement for any product sold by Ptizer or its subsidiaries or affiliated companies,
including, but not limited to, LIPITOR, VIAGRA, CARDURA, CELEBREX,
DlFLUCAN, GLUCOTROL, NEURONTIN, NORVASC, ZITHROMAX, ZOLOFT, and
ZYRTEC (hereinafter "Pti2,er Pharmaceiitical Product");
t`. Using any mark in a manner so as to cause the dilution of the distinctive
quality of Ptizer’s LIPITOR® trademark, or any of the Pfizer Trademarks; and
g. Offering for sale, sale, niarl 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 Ptizer 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,
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_ _ Case 1:04-cv-01220-JJF Document 7 Filed 10/27/2005 Page 4 of 4
seeking an order Ending Defendant in contempt of the Order, and (b) an award of damages,
attorneys’ fees and costs incurred as a result of Ptizer’s having to pursue such violation.
8, Ptizer’s Complaint is dismissed without prejudice.
9. Each person executing this Order on behalf ot" a corporation or individuai
represents that he or she is authorized to do so.
lt). This Order shall become effective immediately, The Clerk is directed to enter this
Consent Judgment and Permanent Injunction.
lt. Each party shaii bear its own costs and attorneys’ 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 ofthe foregoing Order.
Connolly Bove Lodge & Hut; LLP Debra Cohen d/b/a __ _ X r fullyxorn
`V . ,_ _;'\ ,
Rudolf i utz (# 484) ` % { r
Iefney/I __=_. ove (it 998) Print Name: in { ii'.? if?. {{2
james; 29 Heisman (# 2746) F 'Q x M,
1007 N. Orange Street ii gi`? i { iii; Q E
P. O. Box 2207
Wilmington, DE 19899 Dated; March ___, 2005
(302) 658-9141
Attorneys for Pfizer [ne., Pfizer Ireland
Phorrnoceuticols, and Worner—LernZ;¤eri
Cosnpony, LLC X i i »·"
reirtg rr
Dated;
IT IS SO ORDERED this day of , 2005i
U.S. District Court Judge
376i55
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