Proceeding
`Party
`
`Correspondence
`Address
`
`Submission
`Filer's Name
`Filer's e-mail
`Signature
`Date
`Attachments
`
`Trademark Trial and Appeal Board Electronic Filing System. http://estta.uspto.gov
`ESTTA100496
`ESTTA Tracking number:
`09/21/2006
`
`Filing date:
`IN THE UNITED STATES PATENT AND TRADEMARK OFFICE
`BEFORE THE TRADEMARK TRIAL AND APPEAL BOARD
`91165912
`Plaintiff
`Wyeth
`
`Wyeth
`Five Giralda Farms
`Madison, NJ 07940
`UNITED STATES
`Sandra Edelman, Esq.
`Dorsey & Whitney LLP
`250 Park Avenue 15th Floor
`New York, NY 10177
`UNITED STATES
`ny.trademark@dorsey.com, ewing.bruce@dorsey.com
`Plaintiff's Notice of Reliance
`Bruce Ewing
`ny.trademark@dorsey.com
`/be/
`09/21/2006
`NONCONFIDENTIAL Notice of Reliance part_1a.pdf ( 100 pages )(3459957
`bytes )
`NONCONFIDENTIAL Notice of Reliance part_1b.pdf ( 108 pages )(3512418
`bytes )
`NONCONFIDENTIAL Notice of Reliance part_2.pdf ( 117 pages )(4660117
`bytes )
`
`

`
`6.
`
`10.
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`11.
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`12.
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`13.
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`14.
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`15.
`
`16.
`
`17.
`
`18.
`
`19.
`
`20.
`
`21.
`
`Tools for surviving allergy season: How to conquer your allergies —from
`choosing the right over-the—counter or prescription medicine to decontaminating
`your home, San Luis Obispo Tribune, May 4, 2006.
`
`Pills and sprays: Allergic to confusion? We snifi’out your hayfever treatment
`options, The Kansas City Star, April 13, 2006.
`
`Health: Something to Sneeze At, Newsweek U.S. Edition, March 27, 2006.
`
`Strong Medicine, Runner’s World, January 1, 2006.
`
`Pay attention to ills that may be lurking at your destination, Los Angeles Times,
`October 9, 2005.
`
`Medicines can provide relieffor allergy suflerers, Wausau Daily Herald,
`September 26, 2005.
`
`Health and beauty care: the third most profitable category in the c-store
`channel./, Convenience Store News, September 19, 2005 .
`
`Allergy season picks up, Stevens Point Journal, June 13, 2005 .
`
`Doctors: Allergies are worse this year, Pantagraph, May 21, 2005 .
`
`Something To Snifi’At: After a wet winter, allergens are thriving and the allergic
`are suflering, San Diego Union-Tribune, April 26, 2005 .
`
`Treating hives is easier than finding cause, Poughkeepsie Journal, April 24, 2005.
`
`Pills clear allergies, wallets: Allergy sujferers arefinding that the price — and
`effectiveness — ofmedications are as varied as the pollen in the April breeze,
`Wichita Eagle, April 24, 2005.
`
`Gesundheit! Allergyfacts and myths; Symptoms, Springfield New-Leader, April
`23, 2005 .
`
`The allergy antidote: forty million Americans suflerfrom seasonal rhinitis. Learn
`to avoid the triggers, treat your symptoms, and enjoy a sneeze—free spring,
`Natural Health, April 1, 2005 .
`
`Spring ’s reawakening brings return ofseasonal allergies, Springfield News-
`Leader, March 29, 2005.
`
`You ’re not ill, it ’s wheezin ’ season, St. Petersburg Times, March 12, 2005.
`
`

`
`22.
`
`23.
`
`24.
`
`25.
`
`26.
`
`27.
`
`28.
`
`29.
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`30.
`
`31.
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`32.
`
`33.
`
`34.
`
`35.
`
`36.
`
`37.
`
`38.
`
`39.
`
`40.
`
`Sneezing season is ofi’ to an early start, Fort Worth Star Telegram, March 9, 2005.
`
`At Brooks: Cadbury Trebor. Promotions News, MMR, March 7, 2005.
`
`Spring-like weather may awaken allergy problems, Greenville News, January 9,
`2005.
`
`Plan aheadfor bug-bite season, Cincinnati Post, July 13, 2004.
`
`Insurers push for savings in over—the—counter drugs, The News & Observer, July
`7, 2004.
`
`“Purple pill” on counters no source of indigestion, Brandweek, June 21, 2004.
`
`Top 200 OTC/HBC brands in 2003, Drug Topics, June 7, 2004.
`
`How can Iprevent and treat seasonal allergies?, Natural Health, June 1, 2004.
`
`Seeking relieffrom chigger bites, Newsday, May 30, 2004.
`
`OTC loratadine lifts allergy reliefsales, Drug Store News, May 17, 2004.
`
`Top 50 OTC brands ranked by 2003 dollar sales, Drug Store News, May 17,
`2004.
`
`April showers bring Mayflowers and Allergies, Alexandria Daily Town Talk,
`May 16, 2004.
`
`Something ’s in the air: May is the cruelest month for people with seasonal
`allergies, The Sacramento Bee, May 16, 2004.
`
`What to do about spring hayfever, The Sacramento Bee, May 16, 2004.
`
`Taming allergies: The start ofspring doesn ’t have to mean the end ofyour
`sinuses, Rochester Democrat and Chronicle, May 14, 2004.
`
`Dollars & Sense: Claritin products cheaper now, Star Tribune: Newspaper of the
`Twin Cities, May 13, 2004.
`
`On guardl, Omaha World-Herald, May 11, 2004.
`
`Headline: Allergy reliefwill cost you, Des Moines Register, April 29, 2004.
`
`What suflerers need to know about allergies, Monterey County Herald, April 21,
`2004.
`
`

`
`41.
`
`42.
`
`43.
`
`44.
`
`45.
`
`46.
`
`47.
`
`48.
`
`49.
`
`50.
`
`51.
`
`52.
`
`53.
`
`54.
`
`55.
`
`56.
`
`Taiwan Election, Coping with Allergies, CNN News, March 25, 2004.
`
`Tough flu season, liquid intros boost cough-cold remedy sales, Drug Store News,
`March 1, 2004.
`
`Season for allergies: SWFloridiansfight early, heavy tree pollen, The News-
`Press, February 24, 2004.
`
`The new health and beauty care standouts of2003, Drug Topics, February 9,
`2004.
`
`Averting Allergies Before Suffering Starts, Wichita Eagle, October 6, 2003.
`
`Personal Business; As Drug Benefits Fall, Workers Need a Strategy, The New
`York Times, October 5, 2003.
`
`Allergy suflerers feeling effects ofrainy season, Pittsburg Tribune Review, June
`23, 2003.
`
`Paying The Price For Allergy Relief With Claritin Now Sold Over The Counter,
`People Are Switching to Prescription Drugs — If Their Insurers Will Let Them —
`But Those Drugs May Be Next, Columbus Ledger-Enquirer, June 17, 2003.
`
`Innovative products, SARS scare may be causefor OTC sales uptick, Drug Store
`News, June 9, 2003.
`
`Belching Habit Hard To Swallow, Buffalo News, May 30, 2003.
`
`Dealing with Allergies, Cincinnati Post, May 19, 2003.
`
`Insurer Decides T0 Cover Generic Version Of Claritin, The Buffalo News, May
`15, 2003.
`
`New Jersey Insurers ’ Changed Policy on Allergy Drugs Presents New Irritant,
`The Record, May 5, 2003.
`
`Allergic To The Cost Shifting World OfAllergy Medicine Prices Blowing Some
`People Away, Akron Beacon Journal, April 29, 2003.
`
`Eckerd—Sponsored Senior Expo Oflers Doses ofFreebies in Ft. Lauderdale, Fla.,
`South Florida Sun—Sentinel, April 25, 2003.
`
`Noses Know: It ’s The Sneezin ’ Season Oak Pollen Races To “Very High ” Level
`With Other Tree Pollens Close Behind, St. Louis Post-Dispatch, April 16, 2003.
`
`

`
`57.
`
`58.
`
`59.
`
`60.
`
`61.
`
`62.
`
`63.
`
`Over-The-Counter Side Effects Health Plans Are Changing Allergy Drug
`Coverage, Seattle Post-Intelligencer, April 4, 2003.
`
`WellPoint to Help Customers Purchase Allergy Medication, The New York
`Times, December 24, 2002.
`
`Daily Briefing, Atlanta Journal and Constitution, December 21, 2002.
`
`Claritin ’s Designation As An Over-The-Counter Medicine Will Have A Major
`Eflect on Patients, Allergists and Insurance Companies. It ’s...Nothing to Sneeze
`At, St. Paul Pioneer Press, December 1, 2002.
`
`Claritin Over The Counter Gets Nod — Ruling Aids Insurers And The Uninsured,
`Memphis Commercial Appeal, November 28, 2002.
`
`FDA Grants Over—the-Counter Status to Allergy Drug Claritin, The Record,
`November 28, 2002.
`
`Claritin To Sell Over The Counter, The New York Times, November 28, 2002.
`
`Opposer further gives notice, pursuant to Rule 2.120(j) of the Trademark Rules of
`
`Practice, that Opposer offers into evidence the following deposition transcript excerpts, the
`
`exhibit numbers for which correspond to the attachments hereto. Certain exhibits from those
`
`depositions also appear below, following the excerpts.
`
`64.
`
`Excerpts from the transcript of the May 10, 2005 deposition of Richard Rinka, as
`follows:
`
`pages 1 through 4
`
`page 5, lines 9 through 13
`
`page 6, line 21 through page 12, line 8
`
`page 14, line 3 through page 16, line 16
`
`*page 25, line 2 through page 35, line 18
`
`page 36, line 12 through page 37, line 2
`
`*page 40, line 20 through page 52, line 23
`
`

`
`pages 68 though 69
`
`errata sheet and correspondence
`
`65.
`
`Excerpts from the transcript of the May 10, 2005 deposition of Ronald Belmonte,
`as follows:
`
`pages 1 through 4
`
`page 6, lines 22 through 24
`
`page 8, line 2 through page 16, line 4
`
`page 16, lines 14 through 19
`
`page 19, line 19 through page 20, line 12
`
`page 27, line 11 through page 28, line 7
`
`page 30, line 14 through page 32, line 3
`
`*page 33, line 7 through page 43, line 24
`
`page 44, line 14 through page 49, line 20
`
`page 54, lines 5 through 11
`
`page 75, line 20 through page 79, line 14
`
`page 81, line 6 through page 84, line 16
`
`pages 90 through 91
`
`errata sheet and associated correspondence
`
`66.
`
`Excerpts from the transcript of the May 10, 2005 deposition of David Van Howe,
`as follows:
`
`page 1 through page 4
`
`page 5, lines 7 through 11
`
`page 7, line 1 through page 10, line 22
`
`page 12, line 9 through page 13, line 12
`
`

`
`page 15, lines 20 through 24
`
`page 20, line 2 through page 30, line 1
`
`page 31, line 24 through page 42, line 9
`
`page 44, line 11 through page 45, line 14
`
`page 46, line 13 through page 47, line 4
`
`page 50, lines 3 though 16
`
`page 57, line 11 through page 60
`
`errata sheet and associated correspondence
`
`67.
`
`Excerpts from the transcript of the May 10, 2005 deposition of Mark DeFi1ippo,
`as follows:
`
`pages 1 through page 4
`
`page 5, line 10 through page 8, line 6
`
`page 9, line 2 through page 29, line 14
`
`*page 30, line 15 through page 36, line 19
`
`*page 42, line 14 through page 49
`
`(The excerpts indicated with a “*”, as well as the deposition exhibits so
`indicated below, were designated as CONFDENTML pursuant to the stipulation
`and protective order entered in this action and are filed under seal.)
`
`68.
`
`69.
`
`70.
`
`71.
`
`The document numbered Wyeth Exhibit 4 referenced in the aforementioned
`excerpts from the transcript of the May 10, 2005 deposition of Richard Rinka.
`
`The document numbered Wyeth Exhibit 5 referenced in the aforementioned
`excerpts from the transcript of the May 10, 2005 deposition of Richard Rinka.
`
`The document numbered Wyeth Exhibit 6 referenced in the aforementioned
`excerpts from the transcript of the May 10, 2005 deposition of Richard Rinka.
`
`The document numbered Wyeth Exhibit 7 referenced in the aforementioned
`excerpts from the transcript of the May 10, 2005 deposition of Richard Rinka.
`
`

`
`72.
`
`73.
`
`74.
`
`75.
`
`76.
`
`77.
`
`78.
`
`79.
`
`80.
`
`81.
`
`82.
`
`The document numbered Wyeth Exhibit 8 referenced in the aforementioned
`excerpts from the transcript of the May 10, 2005 deposition of Richard Rinka.
`
`The document numbered Wyeth Exhibit 9 referenced in the aforementioned
`excerpts from the transcript of the May 10, 2005 deposition of Richard Rinka.
`
`The document numbered Wyeth Exhibit 10 referenced in the aforementioned
`excerpts from the transcript of the May 10, 2005 deposition of Richard Rinka.
`
`The document numbered Wyeth Exhibit 11 referenced in the aforementioned
`excerpts from the transcript of the May 10, 2005 deposition of Richard Rinka.
`
`The document numbered Wyeth Exhibit 12 referenced in the aforementioned
`excerpts from the transcript of the May 10, 2005 deposition of Richard Rinka.
`
`*The document numbered Wyeth Exhibit 13 referenced in the aforementioned
`excerpts from the transcript of the May 10, 2005 deposition of Richard Rinka.
`
`The document numbered Wyeth Exhibit 14 referenced in the aforementioned
`excerpts from the transcript of the May 10, 2005 deposition of Ronald Belmonte.
`
`The document numbered Wyeth Exhibit 15 referenced in the aforementioned
`excerpts from the transcript of the May 10, 2005 deposition of Ronald Belmonte.
`
`The document numbered Wyeth Exhibit 21 referenced in the aforementioned
`excerpts from the transcript of the May 10, 2005 deposition of Ronald Belmonte.
`
`The document numbered Wyeth Exhibit 22 referenced in the aforementioned
`excerpts from the transcript of the May 10, 2005 deposition of Ronald Belmonte.
`
`*The document numbered Wyeth Exhibit 23 referenced in the aforementioned
`excerpts from the transcript of the May 10, 2005 deposition of Mark DeFilippo.
`
`Date: September 21, 2006
`
`DORSEY & WHITNEY LLP
`
`Respectfully submitted,
`
`B
`
`y:
`
`Bruce R. Ewing
`250 Park Avenue
`
`New York, New York 10177
`(212) 415-9200
`
`Attorneys for Opposer
`Wyeth
`
`

`
`EXHIBIT 1
`
`

`
`7027432
`
`"1.l@) Z.’' 'i_‘\@W.li@.1!.1_{
`
`13-REJ__Sli_NEll§J SEWJJ. @,(l!§LEi3
`
`
`
`UNITED STATES DEPARTMENT OF COMMERCE
`
`United States Patent and Trademark Office
`
`August 25, 2006
`
` ,
`
`
`
`
`
`
`
`__,__:.<..,.._,§3M:,,,m,.,:‘_“;"_‘:=;..___‘-__‘,“_._.
`
`
`
`THE ATTACHED U.S. TRADEMARK REGISTRATION 2,835,071 IS
`
`CERTIFIED TO BE A TRUE COPY WHICH IS IN FULL FORCE AND
`
`EFFECT WITH NOTATIONS OF ALL STATUTORY ACTIONS TAKEN
`
`THEREON AS DISCLOSED BY THE RECORDS OF THE UNITED STATES
`
`PATENT AND TRADEMARK OFFICE.
`
`REGISTERED FOR A TERM OF 10 YEARS FROM April 20, 2004
`
`WYE TH
`
`A DE CORP
`
` SAID RECORDS SHOW TITLE TO BE IN:
`
`
`
`
`.2-.3.,.L._-.5,»-,«‘;,;.‘g,;.-2.-ku;..~,v._r1,¢;,1‘
`
`
`By Authority of the
`
`
`
`
`
`
`‘W.
`
`
`Under Secretary of Commerce for Intellectual Property
`and Director of the United States Patent and Trademark Office
`
`M. K. CARTE
`
`Certifying Officer
`
`
`
`

`
`Int. Cl.: 5
`
`Prior U.S. Cls.: 6, 18, 44, 46, 51, and 52
`
`Reg. No. 2,835,071
`United States Patent and Trademark Office Registered Apr. 20,2004
`
`
`
`TRADEMARK
`PRINCIPAL REGISTER
`
`ALAVERT
`
`WYETI-I (DELAWARE CORPORATION)
`FIVE GIRALDA FARMS
`TRADEMARK DEPARTMENT
`MADISON, NJ 07940
`
`MINE PREPARATIONS, IN CLASS 5 (US. CLS. 6,
`18, 44, 46, 51 AND 52).
`
`FIRST USE 12-20-2002; IN COMMERCE 12-20-2002.
`
`FOR: PHARMACEUTICAL PREPARATIONS,
`NAMELY ALLERGY RELIEF AND ANTIHISTA-
`
`SN 76-367,070, FILED 2-5-2002.
`
`JEFF DEFORD, EXAMINING ATTORNEY
`
`

`
`EXHIBIT 2
`
`

`
`8/18/06 FTWTHST A2
`
`_
`
`Page 1
`
`8/18/06 Ft. Worth Star-Telegram A2
`2006 WLNR 14311127
`
`Fort Worth Star—Telegram (Fort Worth)
`Copyright 2006 Fort worth Star—Telegram
`
`August 18, 2006
`
`Section: A
`
`.
`Allergic to confusion?
`Sniff out these hay fever treatment option
`
`The Kansas City Star
`
`Allergy sufferers who hate the haze of hay fever are finding the pharmacy foggy,
`too.
`
`Brand names, generics, "branded generics." Prescription vs. over-the—counter vs.
`behind-the-counter.
`'
`'
`
`A survey by the Asthma and Allergy Foundation of America found that 42 percent of
`allergy patients were confounded by the array of prescription medications
`available. And 60 percent were "very interested" in finding a new prescription.
`
`Pharmacists and doctors say patients can't be blamed for their befuddlement, but
`they can become better informed.
`
`Something crucial to learn: active ingredients. Knowing active ingredients -- not
`just brand names -- will help you distinguish brands and use generics.
`
`For instance, if Claritin doesn't relieve your allergy symptoms, chances are
`neither will Alavert. The active ingredient in both is loratadine.
`
`Spend time with this chart to get familiar with some of the most widely used
`medications.
`
`Medication Active ingredient Typical adult dosage Prescription/ over—the—counter
`Drowsy/ nondrowsy Generic
`
`ALLEGRA
`
`fexofenadine
`
`180 mg pill once a day
`
`prescription only
`
`nondrowsy
`
`available
`
`©
`
`2006 Thomson/West. No Claim to Orig. U.S. Govt. Works.
`
`WY 05049
`
`

`
`8/18/06 FTWTHST A2
`
`Page 2
`
`ALLEGRA—D
`
`fexofenadine,
`
`pseudoephedrine
`
`pill with 60 mg fexofenadine, 120 mg pseudoephedrine
`
`twice a day
`
`prescription only
`
`nondrowsy
`
`not available
`
`ZYRTEC
`
`cetirizine
`
`10 mg pill once a day
`
`prescription only
`
`can cause
`
`drowsiness
`
`not available
`
`CLARITIN
`
`loratadine
`
`10 mg pill once a day
`
`over the counter
`
`nondrowsy
`
`available,
`
`including Alavert
`
`CLARITlN-D
`
`loratadine,
`
`pseudoephedrine
`
`pill with 5 mg loratadine,
`
`120 mg pseudoephedrine
`
`twice a day
`
`over the counter
`
`©
`
`2006 Thomson/West. No Claim to Orig. U.S. Govt. Works.
`
`WY 05050
`
`

`
`8/18/06 FTWTHST A2
`
`Page 3
`
`nondrowsy
`
`available
`
`CLARINEX
`
`desloratadine
`
`5 mg pill once a day
`
`prescription
`
`nondrowsy
`
`not available
`
`ELONASE
`
`fluticasone
`
`two sprays each nostril,
`
`twice a day
`
`prescription.
`
`nondrowsy.
`
`available
`
`NASONEX
`
`mometasone
`
`two sprays each nostril,
`
`once a day
`
`prescription
`
`nondrowsy
`
`not available
`
`NASACORT
`
`triamcinolone
`
`two sprays each nostril,
`
`once a day
`
`prescription
`
`nondrowsy
`
`©
`
`2006 Thomson/West. No Claim to Orig. U.$. Govt. Works.
`
`WY 05051
`
`

`
`8/18/O6 FTWTHST A2
`
`not available
`
`Page 4
`
`— - — —-
`
`INDEX REFERENCES - — — —
`
`(Health & Wellness (1HE60); Health & Family (1HE30); General
`NEWS SUBJECT:
`Interest Allergy (1GE20))
`
`(Infectious Diseases (1IN99); Pharmaceuticals & Biotechnology (1PH13);
`INDUSTRY:
`Ear, Nose & Throat
`(1EN56); Drugs
`(1DR89); Healthcare (1HE06); Allergy & Immunology
`(1AL96); Allergy Drugs
`(1AL3S); Consumer Products & Services (1CO62); Over-the-
`Counter Drugs
`(1OV18); Personal Care & Beauty Aids
`(1PE87); Internal Medicine
`(1IN54); Upper Respiratory Disease (1UPO5); Healthcare Practice Specialties
`(IHE49); Allergy (1AL79); Respiratory & Pulmonary (1RE29); Prescription Drugs
`(1PRS2))
`-
`
`Language:
`
`EN
`
`(ALLEGRA; ALLERGY FOUNDATION; ASTHMA; CLARINEX; CLARITIN; FLONASE;
`OTHER INDEXING:
`NASACORT; NASONEX; ZYRTEC)
`(Alavert; Allergic; Pharmacists; Sniff; Spend)
`(us;
`usa; na; us.tx; us.tx.frtwrt)
`
`(CT/ebf.bus);
`(CT/ebf.bus.new);
`(CT/ebf.bus.new.pdt);
`.KEYWORDS:
`(CT/ebf.eco.othLadr);‘
`(CT/ebf.eco.oth);
`(CT/ebf.eco);
`(CT/ebf);
`’(NT/Economy_US);
`(NT/New_Products);
`(SU/front)
`
`EDITION: Tarrant
`
`Word Count: 375
`8/18/06 FTWTHST A2
`
`©
`
`2006 Thomson/West. No Claim to Orig. U.s. Govt. Works.
`
`WY 05052
`
`

`
`EXHIBIT 3
`
`

`
`/.
`
`5/23/O6 MERCEDSUN D01
`
`Page 1
`
`5/23/06 Merced Sun—Star
`2006 WLNR 8820369
`
`(CA) D01
`
`Merced Sun—Star, The (CA)
`Copyright 2006 The Merced Sun—Star
`
`May 23, 2006
`
`Section: life
`
`Spring into allergy season
`
`Dhyana Levey DLEVEY@MERCEDSUN-STAR.COM
`
`with a sniff, Fran Peraino of Merced reached for a box of allergy medicine at Rit
`Aid on Friday afternoon.
`'
`
`Merced pharmacy is selling two to three times the usual amount of allergy medicine
`
`"I'm just having the stuffy head and sinus pressure," she said. "It seems to be
`worse this year.
`I don't know why.”
`
`She's not alone.
`
`Down the street at Merced Community Pharmacy, owner and pharmacist Paula Le said
`she is seeing two to three times the usual amount of people coming in for allergy
`medicine.
`
`But allergy season hasn't gotten worse -— it's just going on for longer, said Angel
`Waldron,
`spokeswoman for the Asthma and Allergy Foundation of America.
`
`"Temperatures were higher than normal this year across the whole country," she
`said. "we've had a milder winter so trees are pollinating earlier."
`
`So instead of two months of suffering, people are feeling symptoms for about four
`or five.
`-
`
`"When you are dealing with it for weeks upon weeks, it seems to be worse than
`usual," waldron said.
`
`This is sending people with runny noses, watery eyes, coughs and itchy throats
`running for doctors‘ offices and drug stores.
`
`"I see people with allergy problems every day," said Dr. Brian Sugimoto, a
`physician at Mercy Medical Center Merced.
`"And I'm surrounded with people with
`allergy problems at home. It's the environment.
`... Something came into bloom."
`
`Trees are the main culprit, waldron said. Tree pollen spores are so lightweight
`they can travel up to 500 miles.
`
`©
`
`2006 Thomson/West. No Claim to Orig. U.S. Govt. Works.
`
`WY 05053
`
`

`
`5/23/06 MERCEDSUN D(-)1
`
`A
`
`Page 2
`
`"Even in an area not as green as others, spores drift there so easily,“ she said.
`
`.The San Joaquin Valley is known for its pollution problems. People have speculated
`that this is a reason for bad allergies here. But Anthony Presto, public education
`representative for the San Joaquin Valley Air Pollution Control District, said he
`hasn't seen a connection between the two.
`
`Waldron agreed.
`
`"Smog is an irritant more than an allergen," she said. “It's problematic for
`someone with asthma but it's in a different class. Pollution doesn't factor into
`it."
`
`The Asthma and Allergy Foundation recently released a study of the 2006 top 100
`spring allergy capitals of the United States. No Merced County cities were big
`enough to be considered for the list. But Sacramento ranked No. 8, Modesto ranked
`No. 30 and Fresno was No. 90.
`
`Hartford, Conn.
`year.
`
`took the No.
`
`1 spot as the worse place for spring allergies this
`
`the average amount of medicine used
`The study was based on a city's pollen score,
`per patient and the amount of certified allergists in the area.
`
`People should see a doctor when over—the—counter allergy medicine isn't helping or
`if its side effects are unbearable, Sugimoto said.
`
`Some products such as Benadryl make people too sleepy to function.
`
`“I usually recommend Claritin 4- it doesn't make you sleepy," Le,
`said. "Then take Benadryl at night."
`
`the pharmacist,
`
`Popular products Claritin and Alavert contain Lortadine as a main ingredient.
`
`"Lortadine is low in sedation," Sugimoto said.
`
`If people aren't sure why they are having allergy—like symptoms, it's a good idea
`to check with a physician before taking medication, he said.
`
`Even with testing, it can be hard to figure out what exactly someone is allergic
`to.
`
`"When you walk outside and start sneezing, it can be any number of thousands of
`things," Sugimoto said.
`'
`
`Although over—the-counter medicine can be sufficient, people with severe allergic
`reactions have to seek other alternatives. some patients need a higher dosage,
`some
`use prescription nasal spray and some even have to get shots.
`
`"Allergies are a disease without a cure," Waldron said. "But you can have a
`management plan."
`
`Reporter Dhyana Levey can be reached at 385-2472 or dlevey@merCedsun—star.com.
`
`COMPANY: MERCY MEDICAL CENTER; RITE AID CORP
`
`- - - -
`
`INDEX REFERENCES - — — —
`
`©
`
`2006 Thomson/West. No Claim to Orig. U.S. Govt. Works.
`
`WY 05054
`
`

`
`5/23/06 MERCEDSUN D01
`
`_
`
`Page 3
`
`(Health & Wellness (1HE60); Health & Family (1HE30); General
`NEWS SUBJECT:
`Interest Allergy (1GE20))
`'
`
`(Infectious Diseases (1IN99); Pharmaceuticals & Biotechnology (IPH13);
`INDUSTRY:
`Ear, Nose & Throat
`(1EN56); Drugs
`(1DR89); Healthcare (1HE06); Allergy & Immunology
`(1AL96); Allergy Drugs
`(1AL35); Internal Medicine (IINS4); Upper Respiratory
`Disease (1UP05); Healthcare Practice Specialties (IHE49); Allergy (IAL79);
`Respiratory & Pulmonary (1RE29))
`
`REGION:
`
`(Americas (1AM92); North America (1NO39); USA (1US73))
`
`Language:
`
`EN
`
`(ALLERGY FOUNDATION; ASTHMA; LORTADINE; MERCED COMMUNITY PHARMACY;
`OTHER INDEXING:
`MERCY MEDICAL CENTER; MODESTO; RITE AID; SMOG)
`(Angel Waldron; Anthony Presto;
`Brian Sugimoto; Fran Peraino; Le; Merced; Paula Le; Popular; Reporter Dhyana Levey;
`Sugimoto; Temperatures; waldron)
`
`Word Count: 733
`
`5/23/05 MERCEDSUN D01
`
`END OF DOCUMENT
`
`©
`
`2006 Thomson/West. No Claim to Orig. U.S. Govt. Works.
`
`WY 05055
`
`

`
`EXHIBIT 4
`
`

`
`5/22/06 CRNYBUS 43
`
`Page 1
`
`5/22/06 Crain's N.Y. Bus. 43
`2006 WLNR 9083410
`
`_
`Crain's New York Business
`Copyright 2006 Crain Communications Inc.
`
`May 22, 2006
`
`Volume 22; Issue 21
`
`Section: Business Lives
`
`What's the best allergy treatment?
`
`For relief, use versions of nondrowsy antihistamines like Claritin and Alavert, as
`well as generic loratadine, which are combined with decongestants. They are about
`the same strength as prescription drugs like Zyrtec and Allegra. The latest studies
`show that prescription steroid—based nasal sprays like Flonase are more effective
`'than antihistamines at relieving symptoms, but I recommend using both. Don't stop
`treatment as soon as trees leaf out. Ease off by taking pills every other day.
`
`—-dr. michael stewart Professor and chairman of ENT health at New York-Presbyterian
`Hospital/Weill Cornell
`
`———— INDEX REFERENCES 4———
`
`(1RE83);
`(1DR89); Respiratory Drugs
`(Healthcare (1HEO6); Drugs
`INDUSTRY:
`(1AL3S);
`Infectious Diseases (1IN99); Allergy & Immunology (1AL96); Allergy Drugs
`Pharmaceuticals & Biotechnology (IPH13); Internal Medicine (IINS4); Healthcare
`Practice Specialties (IHE49); Upper Respiratory Disease (1UP05); Respiratory &
`Pulmonary (1RE29); Allergy (lAL79))
`
`Language:
`
`EN
`
`OTHER INDEXING:
`ZYRTEC)
`(Ease)
`
`(CLARITIN; DR MICHAEL; ENT; FLONASE; PRESBYTERIAN HOSPITAL;
`
`KEYWORDS: expert opinions (Economy, Business and Finance);
`Services)
`
`(Financial and Business
`
`Word Count: 119
`5/22/06 CRNYBUS 43
`
`END OF DOCUMENT
`
`©
`
`2006 Thomson/West. No Claim to Orig. U.S. Govt. Works.
`
`WY 05056
`
`

`
`EXHIBIT 5
`
`

`
`S/16/O6 CINPOST B5
`
`.
`
`Page 1
`
`5/16/06 Cin. Post B5‘
`2006 WLNR 8544636
`
`(KY)
`Cincinnati Post
`Copyright 2006 The Cincinnati Post
`
`May 16, 2006
`
`Section: Living
`
`NEW PROBLEMS WITH ALLERGY TO DOGS
`
`I have been aware of my allergy to dogs for 17 years now and while I am allergic
`Q:
`to them,
`I have been able to successfully live with them up until now.
`In the past
`as long as I washed my hands and forearms after petting and/or playing with the
`dogs prior to touching my eyes I was fine.
`
`My family recently adopted a second dog (a Newfoundland), and any time I come in
`Contact with this big goofy_dog's saliva I break out in hives. As I am sure you can
`understand this is no way to live, so I was wondering if you might be able to make
`a recommendation as to how I could control or prevent the hives that are apparently
`being caused by the dogs saliva or what I could do other than getting rid of the
`dog_
`.
`_
`.
`
`I thank you in advance for you time and_assistance. Your compassion and knowledge
`is truly appreciated.
`
`I look forward to hearing from you in the very near future!
`
`A: Two—thirds of the population in the United States owns at least one dog or cat.
`Pets provide unconditional love and support for their owners.
`
`Asking pet owners who are allergic to their pets to get rid of them is usually
`unsuccessful. My approach is to advise pet owners to create a clean room in their
`bedroom and main activity room. This would involve keeping pets out of these rooms
`at all times.
`
`Furthermore, you should place a good HEPA filter in these rooms
`—— see www.stopallergy.com)
`
`(I recommend Austin
`
`You should vacuum using a good vacuum cleaner twice a week or better yet replace
`carpet from these rooms with tile or hardwood if possible.
`
`Protective bedding encasements should be placed over the pillows, mattress and box-
`springs (stretch knit —— they are comfortable, breathable and impermeable to pet
`allergens). Washing bedding and clothes in hot temperatures or using special
`surfactant detergents that denature allergens is recommended.
`
`Washing the pets once or twice a week with water or grooming them with special
`anti—a1lergen pet shampoo or lotion can reduce allergen levels, but if you don't do
`this regularly it doesn't help that much.
`
`©
`
`2006 Thomson/West. No Claim to Orig. U.S. Govt. Works.
`
`WY 05057
`
`

`
`5/16/O6 CINPOST BS
`
`Page 2
`
`To prevent hives that occur with direct contact to the dog, a preventative
`antihistamine may be indicated like over the counter loratidine (also known as
`Claritin or Alavert).
`
`I hope this is helpful. Good luck!
`
`Netwellness, a collaboration of the University of Cincinnati, Ohio State University
`and Case Western Reserve University,
`is a consumer health information web site. You
`can ask your questions through the site, www.netwellness.org.
`
`Today's response is from Dr. Jonathan Bernstein, Professor of Clinical Medicine,
`Division of Immunology and Allergy, of the University of Cincinnati College of
`Medicine's Department of Internal Medicine.
`
`———-
`
`INDEX REFERENCES ———-
`
`(Health & Wellness (1HE60); Health & Family (1HE30); General
`NEWS SUBJECT:
`Interest Allergy (1GE20))
`
`(Infectious Diseases (1IN99); Clean Room (ICL84); Pharmaceuticals &
`INDUSTRY:
`Biotechnology (1PH13); Semiconductor Chip Manufacturing (lSE11); Electronics
`(IEL16); Semiconductor
`(1SE88); Healthcare (1HE06); Drugs
`(1DR89); Allergy &
`Tlmmunology (1AL96); Allergy Drugs (1AL35); Internal Medicine (1IN54); Upper
`Respiratory Disease (1UP05); Semiconductor Manufacturing Equipment
`(1SE85);
`Healthcare Practice Specialties (IHE49); Allergy (IAL79); Respiratory & Pulmonary
`(1RE29))
`
`_REGION:
`
`(Americas (1AM92); North America (1NO39); USA (IUS73); Ohio (1OH35))
`
`Language:
`
`EN
`
`(COLLEGE OF MEDICINE; DEPARTMENT OF INTERNAL; HEPA; OHIO STATE
`OTHER INDEXING:
`UNIVERSITY; RESERVE UNIVERSITY; UNIVERSITY OF CINCINNATI)
`(Allergy; Jonathan
`Bernstein; Netwellness; Protective)
`
`EDITION: Cincinnati
`
`Word Count: 539
`5/16/06 CINPOST B5
`
`END OF DOCUMENT
`
`©
`
`2006 Thomson/West. No Claim to Orig. U.S. Govt. Works.
`
`WY 05058
`
`

`
`EXHIBIT 6
`
`

`
`S/4/06 SLOTRIBUNE (No Page)
`
`Page 1
`
`5/4/06 San Luis Obispo Trib.
`2006 WLNR 7607122
`
`(Pg. Unavail. Online)
`
`Tribune (San Luis Obispo, CA)
`Copyright 2006 The Tribune
`
`May 4, 20-06
`
`Tools for surviving allergy season
`How to conquer your allergies —~ from choosing the right over—the-counter or-
`prescription medicine to decontaminating your home
`
`mmendoza@thetribunenews.com
`
`By Mariecar Mendoza, The Tribune
`
`The sneezing,
`allergies.
`
`itchy throat and red, watery eyes signal it —- it's high season for
`
`"Just seeing those green hills is an indication that the allergy season is here,"
`said Dr. Richard Hendricks of the Ear, Nose and Throat Medical Clinic in Templeton.
`“We're right on the cusp of seeing lots and lots of pollen, and as soon as the rain
`‘stops,-I'm sure people will feel it."-
`
`The best way to reduce your suffering is to avoid the cause.
`
`"The allergy is the only disease that cures itself by elimination," Hendricks said.
`"If you're not around what triggers your allergy, you won't react."
`
`But since grasses and trees are the most common allergens on the Central Coast,
`there's little escape.
`
`Local allergists advise people to educate themselves and treat symptoms with the
`appropriate medicine.
`
`Antihistamines
`
`"With over—the—counter medicines, people need to be aware that there are two
`classes of antihistamines," Hendricks said.
`
`The older antihistamines such as Benadryl and Chlor—Trimetron work, but can make
`you sleepy- Too much can make you as dangerous behind the wheel as a drunken
`driver, said Hendricks, who advises people taking those medications not to drive or
`be around machinery.
`
`The newer antihistamine is Loratadine, a non—sedative drug can be found in over-
`the—counter brands such as Alavert and Claritin.
`
`Nasal sprays
`
`For allergy sufferers whose symptoms are centralized in the nose, Hendricks
`suggests nasal sprays.
`
`P
`9
`Y
`"Some peo le feel comfortable usin saline spra s like Nasocrom because they are
`
`©
`
`2006 Thomson/West. No Claim to Orig. U.S. Govt. Works.
`
`WY 05059
`
`

`
`5/4/06 SLOTRIBUNE (No Page)
`
`Page 2
`
`"The only
`safe to use for an extended amount of time and they work," he said.
`downfall is you have to use it about five to six times a day for it to be really
`effective."
`
`Saline sprays are simply a mixture of salt and water and work to keep nasal tissue
`moist to relieve irritation and help drain thick or dried mucus.
`
`Decongestant nasal sprays are another option. Among the top picks of Dr. William J.
`Watson of Central Coast Ear, Nose and Throat in San Luis Obispo are Nasonex and
`Flonase.
`'
`
`But he and Hendicks also warn of overusing decongestant sprays.
`
`"They shrink
`"Nose sprays that are decongestants have two effects," Hendricks said.
`the lining of the nose, which is what you want. But there's also a chemical factor,
`and after awhile you do become physically addicted to the spray."
`
`To avoid dependency, simply follow the label instructions, which usually suggest
`using the spray no longer than three days.
`
`A third option is nasal steroids, which Dr. Janet Kershaw-McLennan of Atascadero
`often prescribes to her patients.
`
`they're not like
`"Nasal steroids are prescription—only and target inflammation;
`decongestants," she said. "It's a safe medicine that people can use all year."
`
`Further options
`
`Though questions remain about the effectiveness of vacuums and air purifiers with
`HEPA—filters or allergy—free sheets and pillows available at many local retailers,
`doctors say they may be worth a try.
`
`If nothing seems to help, however, more drastic measures may be needed.
`
`"If you have to take antihistamines too often with a nasal spray and you're having
`to increase your doses, allergy testing and possible allergy shots may be the way
`to go," Watson said.
`
`And since allergies can lead to chronic conditions such as asthma, experts suggest
`people suffering from an extended case of the sneezing and wheezing seek medical
`advice.
`
`when to worry?
`
`so it's hard to generalize, but if it's more than a week or
`“Everybody's different,
`two and you're not responding to medication, it may be more serious," Kershaw—
`McLennan said.
`
`"If it's at the point where you have to stay home, you're missing work or school --
`that's a red flag."
`
`10 Tips to Ease Your Allergy Symptoms
`
`Keep windows closed at night to prevent pollens or molds from drifting into the
`home.
`
`Use an air conditioner and dehumidifier to keep air clean, cool and dry.
`
`©
`
`2006 Thomson/West. No Claim to Orig. U.S. Govt. Works.
`
`WY 05060
`
`

`
`5/4/06 SLOTRIBUNE (No Page)
`
`Page 3
`
`Keep car windows closed.
`
`Check the pollen count in your area by visiting.Web sites such as the National
`Allergy Bureau at www.aaaai.org/nab/index.cfm.
`
`) Minimize outdoor activity on days when the pollen count or humidity is reported
`to be high or on windy days when mold and pollen are blown about.
`
`Take a