Free Redacted Document - District Court of Delaware - Delaware

in Case 1 :08-cv-00338-JJF Document 31 Filed 06/24/2008 Page 1 of 4 Q
UNITED STATES DISTRICT COURT
DISTRICT OF DELAWARE
LANNETT COMPANY INC., _
Plaintf Civil Action No. 08-33 8
V. ·
KV PHARMACEUTICALS, ;
DRUGTECH CORPORATION, and Q
THER-RX CORPORATION,
Defendants. _-umn www A i '——% "—-UP` " `w"*“"""`
KV PHARMACEUTICAL COMPANY,
THER-RX CORP., and DRUGTECH ·
com).,
C0ur.cterclaim—p/afntgjjfs, i
LANNETT COMPANY, INC.,
C0unterclciim—de]Q2ndanI. =
DECLARATION OF MAURICE JORDAN IN SUPPORT OF MOTION FOR
TEMPORARY RESTRAINING ORDER AND PRELIMINARY INJUNCTION y
I, Maurice Jordan, declare as follows: l
1. I am employed by KV Pharmaceutical Company ("KV") as senior analytical research
scientist. 1 have been employed by KV since 1992, and have held my current position i
since 2005.
2. 1 received a degree in chemistry from Missouri Valley College in 1985. i
3. As part of my responsibilities at KV, I regularly conduct and supervise the conduct of V
analysis o1’KV’s prescription prenatal vitamins. l
1

I Case 1 :08-cv-00338-JJF Document 31 Filed 06/24/2008 Page 2 of 4 y
4. On June 13, 2008, I directed an analysis of samples of a product labeled as Multivitamin Q
with Minerals Capsules of the Lannett Company to determine the content ofthe fatty . .
acids eicosapentaenoic acid (“‘EPA") and docosahexaenoic acid ("DHA").
5. Upon inspection ofthe Lannett product prior to beginning the tests, I noticed that it had a
distinct and unpleasant fishy odor, and that some ofthe Lannett gel caps had leaked in the
bottle. I selected for testing two gel caps that appeared to be intact.
6. The analysis for EPA and DHA was carried out using KK/’s standard, validated protocol,
that is also used to test PrimaCare ONE. The analysis was carried out with gas
chromatography.
7. The results were as follows:
Tested product EPA DI-IA
i Lannett sample 1 l'/4mg 1091"ng
Lannett sample 2 177mg I 10mg E
I declare under penalty of perjury that the foregoing is true and correct.
DATED: June I6, 2008 . " ·- ¢-—~·—·—·· ‘
MA ORDAN
2 .

Case 1 :08-cv-00338-JJF Document 31 Filed 06/24/2008 Page 3 of 4
CERTIFICATE OF SERVICE
I hereby certify that on June 17, 2008, I caused to be served by hand delivery the .
foregoing document and electronically tiled the same with the Clerk of Court using n 1
CM/ECF which will send notiiication of such filing(s) to the following:
Sophia Siddiqui ¤
Fox Rothschild LLP
919 Market Street, Suite 1300 ‘
P. O. Box 2323 j
Wilmington, DE 19899-2323 E
I hereby certify that on June 17, 2008, I sent by Electronic Mail the foregoing
document to the following non—registered participants:
Samuel H. Israel
Gerard P. Norton
Fox Rothschild LLP
2000 Market Street, 10th Floor
Philadelphia,. PA 19103 i 1 Q
Chad M. Shandler (#3 796) 2
shandler@rl£com 1
RLFI-2942980-1 I

Case 1 :08-cv-00338-JJF Document 31 Filed 06/24/2008 Page 4 of 4
CERTIFICATE OF SERVICE
I hereby certify that on June 24, 2008, 1 caused to be served by hand delivery the
foregoing document and electronically filed the same with the Clerk of Court using
CM/ECF which will send notification of such filirrg(s) to the following:
Sophia Siddiqui
Fox Rothschild LLP
919 Market Street, Suite 1300 1
P. O. Box 2323 i
Wilmington, DE 19899-2323 Q
I hereby certify that on June 24, 2008, I sent by Electronic Mail the foregoing
document to the following non-registered participants:
Samuel H. Israel
Gerard P. Norton
Fox Rothschild LLP
2000 Market Street, 10th Floor Q
Philadelphia,. PA 19103
Amie Shea Gaza (#4093)
[email protected]
Rrr1-3z9s39s-i

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