Free Transfer Document - District Court of California - California

Case 3:08-cv-01493-JM-BLM

Document 11

Filed 06/24/2008

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DOWNEY BRAND LLP MICHAEL J. THOMAS (Bar No. 172326) APARNA RAJAGOPAL-DURBIN (Bar No. 218519) 555 Capitol Mall, Tenth Floor Sacramento, CA 95814-4686 Telephone: (916) 444-1000 Facsimile: (916) 444-2100 E-mail: [email protected] E-mail: [email protected] Attorneys for Plaintiff Nutrishare, Inc. UNITED STATES DISTRICT COURT EASTERN DISTRICT OF CALIFORNIA

Nutrishare, Inc., a California corporation, Plaintiff, v. BioRx, LLC, an Ohio Limited Liability Company, Defendant.

Case No. 2:08-CV-01252-WBS-EFB
DECLARATION OF REID A. NISHIKAWA IN SUPPORT OF MOTION FOR PRELIMINARY INJUNCTION Date: Time: Dept: August 4, 2008 2:00 p.m. Courtroom 5

I, REID A. NISHIKAWA, hereby declare as follows: 1. I am an individual residing in Fair Oaks, California. I make this declaration of my

own personal knowledge, and if called to testify, could and would testify consistent with the facts stated herein. 2. I am a Doctor of Pharmacy and am employed by Nutrishare, Inc. (hereinafter

"Nutrishare") as Coordinator, Clinical Services and Director of Research. 3. Within the past six months, BioRx, LLC's NutriThrive division has begun

marketing to patients and physicians nationwide. 4. I was seriously concerned to recently discover that several physicians, with whom

Nutrishare has a professional relationship involving patients, have become confused about the connection between Nutrishare and NutriThrive. Specifically: 1
DECLARATION OF REID NISHIKAWA IN SUPPORT OF MOT. FOR PRELIM. INJUNCTION

Case 3:08-cv-01493-JM-BLM

Document 11

Filed 06/24/2008

Page 2 of 2