Free Letter - District Court of Delaware - Delaware

Case 1 :08-cv-00338-JJF Document 48 Filed 06/30/2008 Page 1 of 2
Fox R0lllSChlld LLP
Citizens Bank Center, Suite 1300
919 North Market Street
PO. Box 2323
Wilmington, DE 19899-2393
Tel 302.654.Mzm Fax 302 656.8920
wwvv.foxr0thschiId.com
Sophia Siddiqui
Direct Dial: (302) 622-4278
Email Address: ssiddiqui@f`oxrothschild.com
June 30, 2008
VIA E-FILIN G & HAND DELIVERY
The Honorable Joseph J. Farnan, Jr.
U.S. District Court for the District of Delaware
844 King Street
Wilmington, Delaware 19899
Re: Lannett Company, Inc. v. KV Pharmaceuticals, Drugtech Corporation and
Ther-RX Corporation; Civil Action No. 08-338
Dear Judge Farnan:
We recently received a copy of a letter forwarded to Your Honor in the above-captioned matter by Attorney
Shandler and felt that a response was necessary.
It is Lannett’s position that no relief is necessary, but that what opposing counsel is requesting (i.e. a mass
relabeling of product already in the field) would irreparably harm Lannett and is entirely impractical.
Additionally, please note that Lannett reserves all its defenses with respect to the Lanham Act claims and
remains confident that at a trial of the merits it will be demonstrated that the labels to which KV
Pharmaceuticals originally objected resulted in no likelihood of confusion.
I would also respectfully call Your Honor’s attention to that portion of the order issued from the bench
contained in the transcript on pages 45 and 46, wherein Your Honor stated that you were, “going to fashion a
remedy depending on how they respond to the marketing issue. That would cause me to weigh how
draconian the remedy in this regard should be." I would ask Your Honor to take note that the label submitted
to the Court on Friday by Lannett removed Q reference to PrimaCare ONE so that there is Q likelihood of
confusion whatsoever. I believe we have therefore demonstrated the utmost amount of good faith in
attempting to resolve the marking issue referenced by Your Honor in the order from the bench. We therefore
believe that the request by KV Pharmaceuticals for further relief is both unnecessary and impractical.
lf the Court has any f`urther questions, please feel free to contact me directly. Thank you for your time and
attention in this regard.
A · is. vnia L eu:·:e l rel ew Fa‘rere¤·=~ri
tjaliiern a Tre:. Florida Nevada New Jersey New York Pennsylvania

Case 1:08-cv-00338-JJF Document 48 Filed 06/30/2008 Page 2 of 2
Fox Rothschild ap
ATTORNEYS AT LAW
The Honorable Joseph J. Farnan, Jr.
June 30, 2008
Page 2
Respectfully,
/5/ Sophia Siddiqui
Sophia Siddiqui
SS:bjr
Enel.
ce: Ross Oehler, Esquire
Alfred Monte, Esquire
Jonathan Lagarenne, Esquire
Fredrick L. Cottrell, lll, Esq. (via email)
Chad M. Shandler, Esq. (via email)
Charles A. Weiss, Esq. (via email)
Howard Shire, Esq. (via email)
Richard DeLucia, Esq. (via email)
Elizabeth Gardner, Esq. (via email)

Case 1:08-cv-00338-JJF

Document 48

Filed 06/30/2008

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Case 1:08-cv-00338-JJF

Document 48

Filed 06/30/2008

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