Free Letter - District Court of Delaware - Delaware

Case 1:08-cv-00338-JJF Document 15 Filed 06/18/2008 Page 1 of 2 Q
I R¤c•—•ARn:>s, LAYTON 8. F1M<;ER
A PROFESSIONAL JESOCIATION _
ONE Rc>¤r·1Ev SQUARE _
920 Nc>R·rr-| Kms STREU ·
DIRECT DIAL NUMBER
C•·¤·°~¤ M- $*·*»°~N¤*—E8 WILMINGTON, DELAWARE asso: 30265 IJB36 _
(302) 6-'5|·77OO [email protected] Q
FM taoai esa-vvor E
WWW.RLF.COM Z
lune 17,2008
VIA HAND DELIVERY
Dr. Peter T. Dalleo.
Clerk, United States District Cotut for the District of Delaware
J. Caleb Boggs Federal Building I
_ 844 King Street
Wilmington, DE 19801 i
Re: Lannett Company Inc. v. KV Pharmaceuticals, DrugTech ;
Cor eration and Ther-RX Cor oration C.A. N0. 08-338 Y
Dear Dr. Dalleo:
I write on behalf of Counterclaim-Plaintiffs KV Pharmaceutical Company, Ther-
RX Corporation and DrugTech Corporation (collectively, “Ther—RX") in the above-captioned j
action. For the Court’s convenience, 1 have enclosed copies of Ther—RX’s Motion for a
· Temporary Restraining Order, Early Preliminary injunction Hearing, and Preliminary lnjunction,
the brief in support of that motion, and the declarations filed in support thereof. Also enclosed is
a copy of the Counterclaim itself. ,
Because of the urgency of the Motion, Ther-Rx respectfully requests that these
papers be delivered to the assigned judge promptly so that the matter may be heard I
expeditiously. - A
As set forth in more detail in our papers, counterclaim-defendant Lannett A
Company, Inc. has been infringing Ther—Rx’s U.S. Patent 6,576,666 and its registered i
trademarks PrimaCare® and PrimaCare ONE® by, selling a knock—off of Ther—Rx’s top—selling `
prenatal vitamin PrimaCare ONE. If immediate relief is not provided, and Lannett is permitted
to continue selling its infringing product, Ther-Rx will suffer irreparable injury as detailed in the .
motion papers.. As shown in our papers, Ther-Rx has amply satisfied the standard required for a ,
temporary restraining order. Accordingly, we respectfully request prompt attention so that Ther- ¤
RX can have its motion heard and considered at the Court’s earliest possible convenience. i
This afternoon, I advised Lannett’s counsel by telephone of Ther—Rx’s intent to
file this motion.
Rrri-3293504-1 _

Casg Y08-cv-00338-JJF Document 15 Filed 06/18/2008 Page 2 of 2
Dr. Peter T. a leo
‘ June 17, 2008
Page 2 i
if you have any questions regarding this matter, counsel are available at your
convenience.
Respectfully submitted, U
Chad M. Shandler
CS:ps
cc: Sophia Siddiqui, Esquire _
Samuel H. Israel, Esquire
RLFI-3293594-1 I

Case 1:08-cv-00338-JJF

Document 15

Filed 06/18/2008

Page 1 of 2

Case 1:08-cv-00338-JJF

Document 15

Filed 06/18/2008

Page 2 of 2