Free Order - District Court of Delaware - Delaware

Case 1:08-cv-00338-JJF Document 57 Filed 07/17/2008 Page 1 of 1
THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF DELAWARE
LANNETT COMPANY INC. :
Plaintiff, Z
v. i Civil Action No. 08-338 JJF
KV PHARMACEUTICALS, DRUGTECH ;
CORPORATION and THER-RX :
CORPORATION, :
Defendants. ;
O R D E R
WHEREAS, the parties are unable to reach agreement
concerning the approximate 400,000 bottles of already distributed
Lannett product that infringe Ther—Rx's trademark. (D.I. 56).
NOW THEREFORE, IT IS HEREBY ORDERED that Lannett shall
contact its distributors in writing and advise the distributors
that this Court has ruled that the existing labeling violates
Ther—Rx's trademark.
IT IS FURTHER ORDERED that Lannett shall provide to its
distributors material adequate to cover the Ther—Rx trademark on
the existing bottles. Lannett and its distributors are not
required to track and remedy the infringement violations beyond
the distributors for the purposes of this Order.
July 17, 2008 % g H
DATE IT STA S DISTRICT J E

Case 1:08-cv-00338-JJF

Document 57

Filed 07/17/2008

Page 1 of 1