Free Letter - District Court of Delaware - Delaware

Case 1:08-cv-00338-JJF Document 47 Filed 06/30/2008 Paget of 2
Chad Nl. Shandler
Director
302-651-7836
Shand|[email protected]
June 30, 2008
VIA HAND DELIVERY AND ELECTRONIC FILING
The Honorable Joseph J. F arnan, Jr.
United States District Court
844 King Street
Wilmington, DE 19801
Re: Lannett Company Inc. v. KV Pharmaceuticals, DrugTech
Corporation and Ther-RX Corporation, C.A. No. 08-338-JJF,
Dear Judge Faman:
- We write on behalf of Ther—Rx in response to the letter sent to Your Honor late
Friday by counsel for Larmett.
As we advised Lannett earlier on Friday, Ther-Rx (i) agrees that use of the label
sent to Your Honor would not be an inningement of the PrimaCare or PrimaCare ONE
trademarks, but (ii) reserves all other claims against Lannett's continued sale and distribution of
its product.
While this label resolves the trademark infringement matter with respect to new
product that will be shipped with the revised label, it does nothing to address the hann to Ther-
Rx caused by the 400,000 plus bottles with the prior, offending label that are already in the hands
of distributors, pharmacies, and the like. In our motion papers, Ther-Rx requested a recall. In
subsequent discussion with Lannett, we proposed that Lannett notify its customers that no
existing bottles may be sold to consumers before a sticker (supplied by Larmett) is applied to
cover the PrimaCare ONE trademark. No agreement in this regard was reached. Accordingly,
Ther-Rx respectfully requests that the Court fashion appropriate relief with respect to the
already—shipped product that will prevent further harm to Ther-Rx.
ectfully submitted,
Chad M. Shandler
CS:ps
cc: Clerk ofthe Court (via e—file)
R.l..Fl-3297764-l ' ' '
One Rodney Square I 920 North King Street I Wilmington, DE 19801 I Phone: 302-651-7700 I Fax: 302-651-7701
Wwvurlfcom

Case 1:08-cv-00338-JJF Document 47 Filed 06/30/2008 Page 2 of 2
June 30, 2008
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Charles A. Weiss Esq. (via e—mail)
Richard DeLucia, Esquire (via e-mail)
Howard Shire, Esquire (via e-mail)
Sophia Siddiqui, Esquire (via e—mail)
Frederick L. Cottrell, III, Esquire
nu=i-129vv64-1

Case 1:08-cv-00338-JJF

Document 47

Filed 06/30/2008

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Case 1:08-cv-00338-JJF

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