throbber
Trademark Trial and Appeal Board Electronic Filing System. http://estta.uspto.gov
`
`ESTTA Tracking number:
`
`ESTTA914863
`
`Filing date:
`
`08/09/2018
`
`IN THE UNITED STATES PATENT AND TRADEMARK OFFICE
`BEFORE THE TRADEMARK TRIAL AND APPEAL BOARD
`
`Proceeding
`
`91226322
`
`Party
`
`Correspondence
`Address
`
`Plaintiff
`Lupin Pharmaceuticals, Inc.
`
`SUZANNA M M MORALES
`POWLEY & GIBSON PC
`304 HUDSON ST SUITE 202
`NEW YORK, NY 10013
`UNITED STATES
`Email: thcurtin@powleygibson.com, smmorales@powleygibson.com
`
`Submission
`
`Filer's Name
`
`Filer's email
`
`Signature
`
`Date
`
`Attachments
`
`Testimony For Plaintiff
`
`Suzanna M. M. Morales
`
`trademarks@powleygibson.com, thcurtin@powleygibson.com, smmor-
`ales@powleygibson.com
`
`/suzanna m m morales/
`
`08/09/2018
`
`Lupin - Ampel - opposers notice of filing of SJ affidavits public 080818.pdf(10583
`bytes )
`public Berthold affidavit.pdf(1075130 bytes )
`public Liska part 1.pdf(4023075 bytes )
`public Liska part 2.1.pdf(2880318 bytes )
`public Liska part 2.2.pdf(2451226 bytes )
`
`

`

`IN THE UNITED STATES PATENT AND TRADEMARK OFFICE
`BEFORE THE TRADEMARK TRIAL AND APPEAL BOARD
`
`
`In the matter of Application Serial No. 86509184
`For the Mark: LUPPIN
`Published in the Official Gazette on August 18, 2015
`-----------------------------------------------------x
`
`
`
`
`
`
`:
`LUPIN PHARMACEUTICALS, INC.,
`:
`
`
`
`
`
`
`:
`
`Opposer,
`
`
`:
`
`
`
`
`
`:
`-against-
`
`
`:
`
`
`
`
`:
`
`
`AMPEL, LLC,
`
`
`
`:
`
`
`
`
`
`
`:
`
`
`Applicant.
`
`
`:
`
`
`
`
`
`
`:
`-----------------------------------------------------x
`
`
`
`
`Opposition No. 91226322
`
`
`
`OPPOSER’S NOTICE OF FILING OF
`AFFIDAVIT TESTIMONY PURSUANT TO STIPULATION
`
`PLEASE TAKE NOTICE, that, pursuant to the Joint Stipulation of the parties dated
`
`
`
`August 7, 2018 (Document No. 26), Opposer files herewith the Affidavit of Dave Berthold in
`
`Support of Motion for Summary Judgment by Opposer Lupin Pharmaceuticals, Inc. and the
`
`Affidavit of Jay Liska in Support of Motion for Summary Judgment by Opposer Lupin
`
`Pharmaceuticals, Inc., together with exhibits identified therein, which the parties have agreed
`
`will be admissible as stated in the Joint Stipulation.
`
`
`
`Opposer has designated certain portions of the above-referenced affidavits and exhibits as
`
`confidential pursuant to the Board’s Standard Protective Order and submits herewith redacted
`
`versions. Opposer also submits separately, under seal, unredacted affidavits and exhibits.
`
`

`

`Dated: August 9, 2018
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`/suzanna m m morales/
`Thomas H. Curtin
`
`
`
`
`Robert L. Powley
`Thomas H. Curtin
`Diane B. Melnick
`Suzanna M. M. Morales
`POWLEY & GIBSON, P.C.
`304 Hudson Street, Suite 305
`New York, NY 10013
`Telephone: (212) 226-5054
`Facsimile: (212) 226-5085
`
`
`
`Attorneys for Opposer
`LUPIN PHARMACEUTICALS, INC.
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`By:
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`2
`
`
`
`
`
`

`

`IN THE UNITED STATES PATENT AND TRADEMARK OFFICE
` BEFORE THE TRADEMARK TRIAL AND APPEAL BOARD
`
`
`In the matter of Application Serial No. 86509184
`For the Mark: LUPPIN
`Published in the Official Gazette on August 18, 2015
`-----------------------------------------------------x
`
`
`
`
`
`
`:
`LUPIN PHARMACEUTICALS, INC.,
`:
`
`
`
`
`
`
`:
`
`Opposer,
`
`
`:
`
`
`
`
`
`:
`-against-
`
`
`:
`
`
`
`
`:
`
`
`AMPEL, LLC,
`
`
`
`:
`
`
`
`
`
`
`:
`
`
`Applicant.
`
`
`:
`
`
`
`
`
`
`:
`-----------------------------------------------------x
`
`
`
`Opposition No. 91226322
`
`
`
`
`
`CERTIFICATE OF SERVICE
`
`
` I
`
` hereby certify that on this 9th day of August, 2018, a true and correct copy of the foregoing
`Opposer’s Notice of Filing of Affidavit Testimony Pursuant to Stipulation was served on
`counsel of record for the Applicant via email, to:
`
`
`Patrick Asplin
`pca@lplaw.com
`Lenhart Pettit
`P.O. Box 2057
`Charlottesville, VA 22902
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`/suzanna m m morales/
`An Attorney for Opposer
`
`
`
`
`
`3
`
`

`

`IN THE US. PATENT AND TRADEMARK OFFICE BEFORE THE
`TRADEMARK TRIAL AND APPEAL BOARD
`
`Efifiifi'ifiiiiii'iéffifiiiéfi's:i135;"""x
`
`Opposer,
`
`Opposition No. 91226322
`
`v.
`
`AMPEL, LLC,
`
`Applicant.
`______________________________________________________x
`
`AFFIDAVIT OF DAVE BERTHOLD IN SUPPORT OF MOTION FOR SUMMARY
`JUDGMENT BY OPPOSER LUPIN PHARMACEUTICALS, INC.
`
`ss.:
`
`) )
`
`)
`
`STATE OF MARYLAND
`
`COUNTY OF BALTIMORE
`
`DAVE BERTHOLD, being duly sworn, deposes and says:
`
`1.
`
`I am Senior Vice President of Sales and Operations, U.S. Generics, for Lupin
`
`Pharmaceuticals, Inc. (hereinafter “Lupin” or “Opposer”). I make this affidavit in support of the
`
`Motion for Summary Judgment brought by Lupin against Applicant Ampel, LLC in the subject
`
`action.
`
`2.
`
`I have been employed by Lupin since June 2006 and have held the position of
`
`Senior Vice President of Sales and Operations, U.S. Generics= since 2015. The facts in this
`
`affidavit are based upon my personal knowledge as well as on the records, data, and documents
`
`of Lupin that I have reviewed and/or annexed hereto which are kept by Lupin in the ordinary
`
`course of its business.
`
`

`

`3.
`
`In 1968, the predecessor-in-interest of Lupin’s ultimate corporate parent, Lupin
`
`Limited, began doing business in India under the name and mark LUPIN. The word “LUPIN” is
`
`pronounced LOO-pin.
`
`4.
`
`The mark LUPIN was named for the lupin flower. The lupin flower andfor seeds
`
`are not used by Opposer in the manufacture of its pharmaceutical products.
`
`5.
`
`In the 19803 and 19905, the predecessors-in-interest of Lupin Limited received
`
`approval from the United States Food and Drug Administration (“FDA”) to allow certain of its
`
`manufacturing facilities located in India to manufacture and distribute pharmaceutical products
`
`intended for US. consumers.
`
`6.
`
`In the early 20003, Lupin Limited filed its first of many Abbreviated New Drug
`
`Applications (“ANDA”) with the FDA. ANDAs are applications for approval by the FDA of a
`
`generic version of an existing, FDA-approved drug.
`
`7.
`
`On March 28, 2002, Lupin Limited filed an ANDA for the drug ceftriaxone for
`
`injection. That ANDA was approved by the FDA on September 30, 2003 and eventually became
`
`the first drug marketed under the LUPIN mark in the United States. Attached hereto as Exhibit A
`
`is a true and correct copy of cover letter accompanying the ceftriaxone ANDA.
`
`8.
`
`The first sales of pharmaceutical products under the trademark LUPIN (“the
`
`LUPIN Mark") in the United States occurred in July 2005.
`
`9.
`
`Attached hereto as Exhibit B is a true and correct copy of a quarterly report for the
`
`third quarter of 2005 reflecting the market share of sales of ceftriaxone of Lupin in comparison to
`
`

`

`other pharmaceutical companies. Exhibit B reflects Opposer‘s sales of ceftriaxone under the
`
`LLEPIN Mark in July through September, 2005.
`
`10.
`
`Since at least as early as July 2005. pharmaceutical products bearing the LUPIN
`
`Mark have been continuously distributed, offered for sale. and sold throughout the United States.
`
`1 l.
`
`In 2003, Lupin Phamtaceuticals. Inc. was incorporated in the US. and began
`
`doing business at its headquarters in Baltimore.
`
`12.
`
`Today. Lupin manufactures. offers for sale. and sells more than 150 types of
`
`pharmaceutical products throughout the United States.
`
`13.
`
`Lupin‘s products include both branded and generic pharmaceuticals.
`
`14.
`
`All of Lupin's branded and generic products are sold in packaging that bears the
`
`LL’PIN mark.
`
`15.
`
`Some of Lupin's drug products also bear the LUPIN mark imprinted directly on
`
`the drug capsule itself.
`
`16.
`
`Lupin’s pharmaceutical products treat a wide variety ofindications, including.
`
`without limitation. use for the treatment of fever; headache; fatigue: confusion; chest pain:
`
`stiffness; shortness of breath; joint or muscle pain; anemia; swelling in the legs. ankles. and feet;
`
`joint swelling: and rash. among other indications.
`
`17.
`
`[CONFIDENTIAL]
`
`l4.)
`
`

`

`18.
`
`Since its introduction to the U.S. market. Lupin has continually expanded its
`
`pharmaceutical product offerings to new and different therapeutic areas of treatment, such as
`
`cardiology, diabetes, women’s health, and gastroenterology.
`
`19.
`
`A primary demographic of consumers of Opposer’s drug products are women of
`
`childbearing age.
`
`20.
`
`Lupin sells and distributes its products through wholesalers including
`
`AmeriSource Bergen, Cardinal, and McKesson, which are the country’s three largest
`
`pharmaceutical wholesalers. These Wholesalers, in turn, distribute Lupin’s pharmaceutical
`
`products bearing the LUPIN Mark to independent pharmacies, pharmacy chains, and hospitals,
`
`which distribute the products to the end consumer through an extensive network of retail
`
`outlets.
`
`21.
`
`Examples of retail outlets where LUPIN products are available to consumers
`
`include major retail chains such as CVS. Walgreens. and WalMart, as well as grocery store
`
`chains such as GIANT, Harris Teeter. Publix, and Kroger.
`
`22.
`
`Lupin’s pharmaceuticals are also prescribed at and distributed through hospitals
`
`located throughout the United States.
`
`23.
`
`Lupin‘s pharmaceutical products are also offered and sold to various federal
`
`govemment agencies and programs including, without limitation, the Department of Veterans
`
`Affairs (particularly VA Hospitals), federal prisons, and through the Medicare and Medicaid
`
`programs.
`
`

`

`24.
`
`Lupin is aware that certain of its pharmaceutical products can be and are
`
`“repurposed” by third parties to treat multiple symptoms of diseases other than the diseases
`
`intended to be treated by such drugs.
`
`25.
`
`By way of example, Lupin is aware that a number of Opposer’s pharmaceutical
`
`products are capable of being used, or repurposed, by third parties, to treat certain common
`
`symptoms of Lupus, including non-steroidal anti-inflammatory drugs (NSAIDS) such as
`
`celecoxib, as well as corticosteroids, anti-malarials, Angiotensin-converting enzyme (ACE)
`
`inhibitors, and drugs intended for the treatment of arthritis, among others. It is my
`
`understanding that such drugs have some efficacy in alleviating symptoms of Lupus.
`
`26.
`
`Lupin also manufactures abacavir (antiretroviral agent), lamivudine (antiviral),
`
`statins, and zidovudine (antiretroviral agent), either alone or in combination with other
`
`preparations. It is my understanding that the aforementioned drugs also have efficacy in
`
`alleviating certain common symptoms of Lupus.
`
`27.
`
`In fiscal year 2017, Lupin was the fourth largest generic company in the U.S, with
`
`a 5.3% market share by prescriptions.
`
`

`

`28.
`
`Lupin‘s sales have grown tremendously since the 111,} PlN brand was first
`
`introduced into the (LS. market in 2005. Since 2010 Lupin has recorded the following sales
`
`results (Lupin‘s fiscal year ends March 31 )2
`
`2010: $348 million
`
`2011: $441 million
`
`2012: $507 million
`
`2013: $693 million
`
`2014: $803 million
`2-015: $890 million
`
`2016: $888 million
`
`2017: $1.214 billion
`
`[CONFIDENTIAL]
`
`
`
`DAVE BERTHOLD
`
`Swofli to before me this
`A day ofDecember. 2017
`
`
`
`
`./
`,1"
`‘1
`,- /r
`7,; A
`,
`7 ,,,
`
`
`z 2» \>
`NOTARY PUBLIC
`
`CATHERINE M. CARLSON
`NOTARY PUBLIC
`BALTIMORE COUNTY
`MARYLAND
`m coumssaou EXPIRES SEPT. 23, 20 x a
`
`6
`
`

`

`IN THE U.S. PATENT AND TRADEMARK OFFICE
`BEFORE THE TRADEMARK TRIAL AND APPEAL BOARD
`
`-----------------------------------------------------x
`LUPIN PHARMACEUTICALS, INC.,
`
` Opposer,
`v.
`
`Opposition No. 91226322
`
`AMPEL, LLC,
`
`Applicant.
`------------------------------------------------------x
`
`EXHIBIT A
`
`TO
`
`AFFIDAVIT OF DAVE BERTHOLD IN SUPPORT OF MOTION FOR SUMMARY
`JUDGMENT BY OPPOSER LUPIN PHARMACEUTICALS, INC.
`
`Exhibit A is a true and correct copy of a cover letter accompanying the Abbreviated New Drug
`
`Application (“ANDA”) submitted to the Food and Drug Administration for the drug ceftriaxone for
`
`injection. Exhibit A is designated as CONFIDENTIAL – FOR ATTORNEYS’ EYES ONLY under the
`
`Board’s Standard Protective Order, and filed under seal.
`
`

`

`IN THE U.S. PATENT AND TRADEMARK OFFICE
`BEFORE THE TRADEMARK TRIAL AND APPEAL BOARD
`
`-----------------------------------------------------x
`LUPIN PHARMACEUTICALS, INC.,
`
` Opposer,
`v.
`
`Opposition No. 91226322
`
`AMPEL, LLC,
`
`Applicant.
`------------------------------------------------------x
`
`EXHIBIT B
`
`TO
`
`AFFIDAVIT OF DAVE BERTHOLD IN SUPPORT OF MOTION FOR SUMMARY
`JUDGMENT BY OPPOSER LUPIN PHARMACEUTICALS, INC.
`
`Exhibit B is a true and correct copy of a quarterly report for the third quarter of 2005 reflecting
`
`the market share of sales of ceftriaxone. Exhibit B is designated as CONFIDENTIAL – FOR
`
`ATTORNEYS’ EYES ONLY under the Board’s Standard Protective Order, and filed under seal.
`
`

`

`IN THE U.S. PATENT AND TRADEMARK OFFICE BEFORE THE
`
`TRADEMARK TRIAL AND APPEAL BOARD
`
`Efifiiii'fifiXfiiZXEéfifiEstfE6;"""X
`
`Opposer,
`
`Opposition No. 91226322
`
`V.
`
`AMPEL, LLC,
`
`Applicant.
`______________________________________________________x
`
`AFFIDAVIT OF JAY LISKA IN SUPPORT OF MOTION FOR SUMMARY
`
`JUDGMENT BY OPPOSER LUPIN PHARMACEUTICALS, INC.
`
`ss.:
`
`) )
`
`)
`
`STATE OF MARYLAND
`
`COUNTY OF BALTIMORE
`
`JAY LISKA, being duly sworn, deposes and says:
`
`1.
`
`I am the Director of Marketing for Lupin Pharmaceuticals, Inc. (hereinafter
`
`“Lupin” or “Opposer”). I make this affidavit in support of the Motion for Summary
`
`Judgment brought by Lupin against Applicant Ampel, LLC (hereinafter “Ampel” or
`
`“Applicant”) in the subject action.
`
`2.
`
`I have been employed by Lupin since August 2011 and have held the position
`
`of Director of Marketing since that time. The facts in this affidavit are based upon my
`
`personal knowledge as well as on the records, data, and documents I have reviewed and are
`
`discussed herein and annexed hereto, all of which are kept in the ordinary course of business
`
`of Lupin.
`
`

`

`[CONFIDENTIAL]
`
`[CONFIDENTIAL]
`
`5.
`
`Lupin advertises its products under the LUPIN Mark through various channels
`
`and media platforms including: Opposer’s website at lupinpharmaceuticalscom; intemet banner
`
`ads; intemet pop-up ads; television infomercials on networks including Lifetime and Oxygen;
`
`print advertisements in medical journals and pharmaceutical trade journals, pharmaceutical
`
`bulletins, and specialty consumer medical publications; and underwriting and sponsorship of
`
`pharmaceutical and medical seminars.
`
`6.
`
`Examples of the various trade publications and medical journals in which Lupin’s
`
`

`

`pharmaceutical products have been advertised under the LUPIN Mark include: Infectious
`
`Disease in Children; Clinical Psychiatry Today; Pharmacy Times; Chain Drug Review;
`
`Contemporary OB/GYN; and the American Academy ofPediatrics Newsletter, as well as online
`
`outlets of certain of these and other publications. Since 2012, Lupin also has advertised in
`
`publications that are available to consumers either in doctors’ offices and lobbies of medical care
`
`centers, as well as directly to consumer subscribers. Such publications include ADDitude
`
`Magazine; Asthma & Allergy Today; Ready Set Grow; and Drug Topics. True and correct copies
`
`of representative samples of advertising featuring the LUPIN Mark are attached hereto as Exhibit
`
`A.
`
`7.
`
`Lupin also provides underwriting and sponsorship support to pharmaceutical and
`
`medical seminars, such as the following national meetings:
`
`0 Society of Maternal Fetal Medicine (“SMFM”) 2016 Annual Meeting in Atlanta,
`Georgia, and 2017 Annual Meeting in Las Vegas, Nevada, both attended by
`approximately two thousand (2,000) people;
`
`0 American College of Obstetrics & Gynecology (“ACOG”) 2016 Annual Meeting in
`Washington, DC and 2017 Annual Meeting in San Diego, California, both attended by
`approximately five thousand (5,000) people;
`
`0 Association of Women’s Health, Obstetric and Neonatal Nurses (“AWHONN”) 2016
`Convention in Grapevine, Texas and 2017 Convention in New Orleans, Louisiana,
`both attended by approximately three thousand (3,000) people; and
`
`0 Society of Obstetrics & Gynecological Hospitalists (“SOGH”) 2016 Annual Clinical
`Meeting in Denver, Colorado and 2017 Annual Clinical Meeting in New Orleans,
`Louisiana, both attended by approximately five hundred (500) people.
`
`Lupin also sponsors regional and local pharmaceutical and medical seminars,
`
`including the following recent conferences:
`
`- AWHONN South Carolina Division conference, held in October 2017 in Columbia,
`
`South Carolina;
`
`

`

`o AWHONN Maryland conference, held in October 2017 in Linthicum Heights,
`Maryland;
`
`0 Maryland ACOG District conference, held in October 2017 in Baltimore, Maryland;
`
`0 Maryland Society of Health System Pharmacists Fall Seminar, held in September 2017
`in Baltimore, Maryland;
`
`0 AWHONN Louisiana, held in October 2017 in Baton Rouge, Louisiana; and
`
`0 New Jersey Obstetrical & Gynecological Society Semi Annual Conference, held in
`November 2017 in Monroe Township, New Jersey.
`
`[CONFIDENTIAL]
`
`
`
`9.
`
`To the extent it is able to do so under the laws and codes of conduct governing the
`
`marketing activities of pharmaceutical companies, Lupin provides a variety of collateral
`
`merchandise that features and promotes the LUPIN Mark, including such goods as mugs,
`
`reusable grocery bags, car air fresheners, memo pads, and pens. True and correct copies of
`
`representative samples of such products are attached hereto as Exhibit B.
`
`10.
`
`Lupin has retained the services of several advertising agencies as well as hundreds
`
`of vendors in conjunction with Lupin’s efforts to promote, advertise, and market pharmaceutical
`
`products under the LUPIN Mark including, by way of example, CCG Marketing Solutions, bfw
`
`Advertising, Brand Equity Rx, HealthLogiX LLC, DoctorDirectory.Com lnc., Arches
`
`

`

`Technology, Paratus Health Systems, Asembia, LLC, Atom Strategic Consulting, CoverMyMeds
`
`LLC, 3D Exhibits, Inc., and Viscadia Inc.
`
`11.
`
`As a result of Lupin’s efforts to promote its mark, the LUPIN Mark is well and
`
`favorably known, identifiring Lupin exclusively as the source or origin of a wide variety of
`
`pharmaceutical products and collateral products and services.
`
`12.
`
`Lupin also provides information to consumers through its website regarding its
`
`products and educational information on the treatment of various conditions. True and correct
`
`copies of relevant examples are attached hereto as Exhibit C.
`
`JAY LISKfSA/
`
`;
`
`S
`
`pefore me this
`ay of December, 2017
`
`'
`
`'
`
`
`
`/.{4/
`NOTARY PUBLIC
`
`
`
`

`

`IN THE U.S. PATENT AND TRADEMARK OFFICE
`BEFORE THE TRADEMARK TRIAL AND APPEAL BOARD
`
`-----------------------------------------------------x
`LUPIN PHARMACEUTICALS, INC.,
`
` Opposer,
`v.
`
`Opposition No. 91226322
`
`AMPEL, LLC,
`
`Applicant.
`------------------------------------------------------x
`
`EXHIBIT A
`
`TO
`
`AFFIDAVIT OF JAY LISKA IN SUPPORT OF MOTION FOR SUMMARY JUDGMENT BY
`OPPOSER LUPIN PHARMACEUTICALS, INC.
`
`

`

`
`
`The Bottom Line...
`
`ALINIAG’ is the only FDA-approved product for the treatment of diarrhe.
`by Giardia lamblia or Cryptosporr’dr‘um parvum in children 1 year of age a
`indications
`
`ALINIA" [nitazoxanidei for Oral Suspension (patients 1 year of age and older)‘Is indicated for the
`treatment of diarrhea caused by Giardia lamblia or Cryptosporidium partrurn. ALlNlA for
`Oral Suspension has not been shown to be superior to placebo for the treatment of diarrhea
`caused by Cryptospondiurn parwrn in HIVrinfected or immunodeficient patients.
`
`DOSing as Easy as 1 strawberry-flavored close 2 times a clay for 3 days‘
`
`Alinja r
`(llllazoxalllde))100mg/5mL
`
`forOralSuspension
`
`man.
`
`d
`.
`I
`«Minis:
`lniwuiaildenigi-u
`
`i-
`
`l
`.‘r
`53W-
`,
`
`
`
`til—J” NOW AVAILABLE:
`eminence
`5333;303:3333"
`The ALINIA $25 (Io-Pay Savings Program"
`m ' Insured and cash-paying patients are eligible to receive a maximum benefit Up to $75.
`after initial co-pay of $25. for ALlNlA for Oral Suspension
`
`“H
`
`IMPORTANT SAFETY INFORMATION
`
`. ALiNifitm for Oral Suspension is contraindicated in patients with a prior hypersensitivity to nitazoxanide or any other
`the formulation.
`
`- The pharmacokinetics of nitazoiianide in patients with compromised renal or hepatic function have not been studie
`nitazoxanide must be administered with caution to patients with hepatic and biliary disease. to patients with renal c
`patients with combined renal and hepatic disease.
`- Diabetic patients and caregivers should be aware that the oral suspension contains 1.43 grams of sucrose per 5 mL
`‘- Tizoxanide, an active metabolite of nitazoxanide, is highly bound to plasma protein P999961 Therefore, caution Sl'i
`administering nitazoxanide concurrently with other highly plasma protein-bound drugs with narrow therapeutic indi
`for binding sites may occur tag. Warfarini.
`II Safety and effectiveness of ALINIA for Oral Suspension in pediatric patients less than '| year of age have not been s
`0 it is not known whether nitazoxanide is excreted in human milk. Because many drugs are excreted in human milk, ca
`exercised when nitazoxanide is administered to a nursing woman.
`' In clinical studies involving 613 HIV-uninfected pediatric patients receiving ALINIA for Oral Suspension, the most frs
`events reported regardless of causality assassment were: abdominal pain (7.8%), diarrhea (2.1%). vomiting (1.1%) ar
`These were typically mild and transient in nature. In placebo-controlled clinical trials, the rates of occurrence of that
`differ significantly from those of the placebo. None of the 613 pediatric patients discontinued therapy because of 3
`
`Please see ALINIA” Brief Summary of Prescribing Information on the adjacent page.
`Refinance: 1. ALINIA“ Prescribing lnfnrrnarlon.
`
`"Terms and conditions “Fply'
`
`ALINIA is a registered trademark of Remark Laboratories, L
`Distributed by Lupin Pharmaceuticals. int. under lIEIMfi in
`
`dct'f
`f
`.I'l.
`t
`V"t
`ti
`ISI usa WWWainacom or pro u
`“1 arms on an
`instant savings cards for your patients.
`
`:1
`
`‘
`”5* LUPIN
`nunmnviinans
`
`o 20M Lupin Pharmaceuticals. inc
`
`IMP-000959
`
`

`

`
`
`
`A Unique VHC* That’s
`
`lnspiraChamber
`
`W“ Customized for Kids
`
`
`\ with SootherMask‘”
`
`..--
`
`insniraChambor with InspiraMaSk
`
`'5
`
`INDICATIONS Fon use
`InspiraChamber Anti-Static: Valve-Id HoiciIIIgI
`Chamber (VHC) IB intm'Irinci it.) Lm used I'Iy |Jiit|I1l1tH
`who are under the mm or Irmlnmnt‘ m ."I
`|')h|,f'-il('.iE'II\
`or “(tensed henlthcari:~ [..)II'>fI.'I:'.‘.=iI<:Imi. The:- r_'II.evII:I--
`l5 Intended to be used by U'IL‘HL.‘ patients to
`administer anrmsolizuci I'T'if't'iltir’IHOfl fmm mm?
`
`presaurimd Metered Dav-w IIII'IIIIQrI; (DMDJS)
`Thu it‘lti‘fl'idrld envir'ITInnmnia are‘ the home.
`hoapitals and cimica.
`
`Piease see Cautions and Notes on opposite page.
`
`For more product information,
`visit our website at
`
`www.mspirachambencom
`
`\JI|!VI'\1III_I‘I‘HUI I_'i|l1‘\lI-‘F
`
`(0
`
`InEIlJiI'z-‘IChamber anti-static VHC
`lin-
`
`-
`I
`
`I n S p I ra
`
`All“ I- ‘M“ IV-lt‘JLHJ “Hum“! {_ IIIIllllJl‘J'
`.mlii ‘5:II_-'Hn.-IM.I-.~k
`iIIIIi !II'.1I.IIIH-IM-‘a-:i-I
`
`I
`
`I II'IIIII
`
`-'-l
`
`ner:-.._LllP£000960u hnn:fln
`
`

`

`lnspfiChaflber
`
`Anti-Static Valved Holding Chamber
`with SootherMask‘ and lnsniraMask
`
`Cautions:
`
`The Difference ls By Design
`
`. Do not leave lnspiraChamber“. SootherMaskl” Or InspiraMask'“ unattended with children.
`Notes:
`
`- Storage and operating range: 5°C—40°C (4i°F—iD4°F)at15-95% relative humidity.
`- Inapect the device for cracks. debris, or damage that will prevent proper function after each cleaning.
`REPLACE IMMEDIATELY if any damages are observed. Environmental conditions. storage and proper
`cleaning can affect device life span.
`- This medical device is for single-patient use.
`. The intended patient population for inspiraCharnber“ with Mouthpiece is three (3) years and older who
`have been prescribed pMDl medications.
`- The size of the SootherMask'" or lnspiraMask'" should be determined by the size of the patient's face.
`-
`if medication build-up is observed in your chamber. wash the inside of the chamber with a soft cloth
`according to the instructions for Use to ensure proper performance.
`
`For more product information. visit our website at WWMinspirachambencom
`Ill
`a LUPIN
`FHMIMtIuI‘ICAu.mI
`
`:i-I 2mi- I..UDII" Piul-mnccunmis. In:
`
`Itiiuia-VE 1215
`
`Stay Informed!
`
`ign up for TOC Alerts for the latest
`research and new: in your field
`
`arsonalize your experience by creating
`
`MY LIEBERT user account today at
`ww.liebertpub.comlliebertconnect
`
`e your account to mark favorite jaumals
`cl articles, track citations of important
`rides. and save searches for later use.
`
`ise . Cite - Share - Submit - Subscribe
`
`
`
`LUP-000961
`
`’vwf HM W, lm._, M45244
`
`www.liebertpub.com
`
`|
`
`‘ml «lama lrll‘ll'l hl‘l mulls-mi l-
`
`

`

`Now Available—InSpiraCham
`
`
`lnspiraChamber“
`
`m with SootherMask'M
`
`
`
`fl“
`
`lnspiraChamber‘“ with lnspiraMask‘“
`
`fix
`
`3‘
`
`mn]f—
`
`‘1‘
`
`InspiraChamber'“ anti-static VHC
`
`"li
`
`- I
`
`I
`I
`Anti-Static Valved Holding Chambi‘l"
`with SootherMask and InspiraMask
`
`The Difference ls By Design
`
`LUP-OOO962
`
`INDICATIONS FOR USE
`
`InspiraChamber Anti—Static Valved Holding
`Chamber (VHC) is intended to be used by patients
`who are under the care or treatment of a physician
`or licensed healthcare professional. The device
`is intended to be used by these patients. to
`administer aerosolized medication from most
`pressurized Metered Dose Inhalers (pMDIs).
`The intended environments are the home.
`hospitais and clinics.
`
`Please see Cautions and Notes on apposite page.
`
`For more produot informa tion,
`visit our Website at
`
`www. inspire chamb er. com
`
`'Valved Holding Chamber.
`
`LUPIN
`H'NMIAGIUIILMLI WE
`m l _,..- mi. ..
`.
`
`i
`
`

`

`31-
`InspiraChamber
`
`Anti-Static Valved Holding Ch
`With SootherMask and inspiraMask
`
`Cautions:
`
`The Difference Is By Design
`
`- Do not leave InspiraChamber‘
`Notes:
`
`.Sizmtheriviask1M or inspiraMask'“ unattended with children.
`
`' Storage and operating range: 5“C-40°C (APP—104W) at 15—95
`- Inspect the device for cracks. debris. or damage that will prev
`REPLACE IMMEDIATELY if any damages are observed. Enviro
`cleaning can affect device life span.
`* This medical device is for single-patient use.
`- The intended patient population for Insp
`have been prescribed pMDI medications.
`- The size of the .‘Sootheriviaslt'M or inspiraMask’” should be determined by the size of the patient's face.
`'
`If medication buiid~up is observed in your chamber. wash the inside of the chamber with a soft cloth
`according to the Instructions for Use to ensure preper performance.
`
`96 relative humidity.
`ent proper function after each cleaning.
`nmental conditions. storage and proper
`
`iraChamber" with Mouthpiece is three (3) years and older who
`
`For more product information, visit our website at www.mspirachamber: com
`
`..LUPIN
`mmmsuumuuc.
`
`m HUI!) lupin Pliuffilm'llulicnlh. Inr
`
`ir' line-w. IJJJS
`
`
`
`Stay Informed!
`
`Sign up for TOC Alerts for the latest
`research and news in your field
`
`Persooaiize your experience by creating
`a __t MYLIEBEHT user account today at
`www.liebertpub.com/Ilebertconnect
`
`Use your account to mark favorite journals
`and articles, track citations of important
`articles, and save searches for later use.
`
`Use - Cite . Share - Submit - Subscribe
`
`E96000'dl’1']$3: ifE ff
`
`www.liebertpub.con1
`
`"ll I'IiM-l .Iiliiumn mil h.- hp: . unmh-mul
`
`

`

`it...
`
`.0
`
`Methylphenidate HCI®
`Chewable Tablets
`
`Keeping i'iirli i('_it'.il_l':.il_“‘t"i on iris ‘.sii.i{'.iii_‘t';i
`
` easier.‘
`
`just r___ itjii
`
`If”
`
` r.
`
`-l
`
`'i
`
`6"
`
`
`
`\
`
`\
`
`.1,
`uI-‘I'
`
`'D—
`
`MPORTANT SAFETY INFORMATION
`'NIDICATION
`
`iethylphenidate Hydrochloride Chewable Tablets are a central
`ervous system stimulant prescription medicine that are used for
`is treatment of Attention Deficit and Hyperactivity Disorder (ADHD).
`
`
`DRUG ABUSE AND DEPENDENCE
`irlethylphenidate Hydrochloride Chewable Tablets should be given
`
`:autiously to emotionally unstable patients. such as those with a
`
`tistory of drug dependenCe or alcoholism. because such patients
`
`nay increase dosage on their own initiative.
`
`:hronicaliy abusive use can lead to marked tolerance and psychic
`
`lependence with varying degrees of abnormal behavior. Frank
`
`isycholic episodes can occur, especially with parenteral abuse.
`
`tareful supervision is required during drug withdrawal. since severe
`
`lepression as well as the effects of chronic overactivity can be
`
`inmasked. Long-term fOIIDWHLlD may be required because of the
`
`elient's basic personality disturbances.
`
`Aethylphenidate HCI Chewable Tablets are contraindicated:
`- in patients with marke
`Hun-u Ann- mn. .
`
`d anxiety. tension. and agitation. since
`
`~ During treatment with monoamine oxidase inhibitors (Mr
`and also within a minimum of 14 days following discontinue
`of an MAOI (hypertensive crises may result).
`
`- Children. adolescents. or adults who are being considers:
`treatment with stimulant medications should have a careful his
`(including assessment for a family history of sudden deat
`ventricular arrhythmia) and physical exam to assess for
`presence of cardiac disease. and should receive iurther car
`evaluation if findings suggest such a disease.
`
`
`
`This product should be taken with at least 3 ounce
`(a full glass) of water or other fluid. Taking this produ-
`wlthout adequate fluid may cause it to swell and caus
`choking. If your patient experiences chest pain. vomiting. c
`difficulty in swallowing or breathing after taking this produc
`they should seek immediate attention.
`
`
`
`
`
`- Sudden death has been reported in children and adolesct
`with structural cardiac abnormalities or other serious heart proble
`Sudden death. stroke. and myocardial
`infarction have bi
`reported in adults taking stimulant drugs at usual doses for ADl
`
`LUP-000964
`
`

`

`idate HCIE Chewable IR Tablets,
`
`go.
`
`l'iliig for a pi‘ilier'ii i'ir..--=.-viy r:'li.:i=:_1nr-_i
`therapy for sper: iiir ar.;tivir
`.sing you can i.-:-iilr:ii to iii. your i‘it:'iili;—'-i'l'l.":r
`
`ire-r
`
`r‘vilii ADl-iti i_"il (tin:- will) itirr'lltt littiitfifit ft'rfai‘i‘i
`until-3., hieli'iirlr'iiiig:iii-:_l.':ilr_- iriifi ("iii-3.-
`.1'25
`
`
`
`Chewable Tablets
`aerate-Release Chewable Tablet available"
`
`iorrnulatipn kids may preler“"'
`
`Chewable tablets!
`
`’ INFORMATION CONT'D
`
`stimulants may
`of
`Administration
`behavior disturbance and thought
`ore-existing psychotic disorder.
`nitlating treatment with a stimulant.
`depressive Symptoms
`should be
`tetermine it they are at risk for bipolar
`em for possible induction of a mixed!
`lienlS.
`
`notic Or manic syntptOms: Treatment—
`manic symptoms
`in children and
`or history of paychotic illness or mania
`.nts at usual doses.
`painful erections have been reported
`i both pediatric and adult patients.
`bnormaliy sustained or frequent and
`seek immediate medical attention.
`
`lines may cause suppression oi growth.
`.ored during treatment with stimulants.
`.growing or gaining height or weight as
`ave their treatment interrupted.
`ADHD are associated with peripheral
`
`including Raynaud's phenomenon. Signs and
`vasculooaihy,
`symptoms generally improve after
`reduction in dose or
`discontinuation or drug. Careful Observation for digital changes
`is necessary during treatment with ADHD stimulants.
`- Nervousness and insomnia are the most common adverse
`reactions but are usually controlled by reducing dosage and
`omitting the drug in the afternoon or evening. Other reactions
`include hypersensitivity:anorexia: nausea; dizziness; palpitations:
`headache; dyskinesia; drowsiness; blood pressure and pulse
`changes; tachycardia; angina; cardiac arrhythmia: abdominal
`pain: weight loss during prolonged therapy: libido changes; and
`rhabdomyolysis.
`. Methylphenidate Hydrochloride Chewable Tablets should not
`be used in children under six years. since safely and efficacy In
`this age group have not been established.
`- Adequate studies to establish safe use at Methyiphenidate HCi
`Chewable Tablets during pregnancy have not been conducted.
`Patients should be advised to tell their physicians it they are
`pregnant. planning to become pregnant. or breastfeeding.
`Please see Brief Summary of Full Prescribing information on
`the following page.
`
`" JonntimiiFt Stew-3m. MD MPH
`Amtinrlrfltt‘ll ritlcl Lhdliruttjlcl.
`ll Deliciirl-lvtit-‘iarrrvrlv [ii-spider Clinical
`D. Priin Cu'tlr'.‘Cniilll-Iillfill CNS Disriirl wit-l; l5i2i PCCl2i0l472.
`E. Witt-rm MU, anti Theodore.- A Storm. M
`'i Vl‘l Pit-rim.“ l'.‘lll.ll,.r’ll‘y
`ult- T.i|'ilt'ts1p..rclmrie lll‘:("ll| bplilrrl'rul NJ C
`" Mr>1try|ptierirrlnitr l‘lvtll'OCllifllldF Cliewril
`{LlElrLtlLlV-'slilIIJIHr‘QtItZ-IJI'II,” Dr'r:t.-.'lll|.ll:-i Dillfi.
`- Fnori and Drug Administration \‘JC'l)'«i|iE‘. lilltiriww'rmrtusstlut
`tor Htinmri Us“ tCHMi‘Ji. Eirruperir‘i Merit: inc“. Agenrv Fritz-Hermon l‘tlIJW
`'cnrnuiruut: In: Merl-Limit Product-i
`" 'srrtt-ty nl r-iiruirr.ii.ilr.~ ttrlilc-tv. iur r.lirldrr -ri " MlL‘lll'lt‘
`|)()|?Ll|r]llhll (EMEARCHMPJF'ECi.‘|':MEllt).20053
`[lrlfllilrlilll'
`| Journal in! Asthma (2007.). vol. 3'3. No 5. p 391403.
`
`I!) LU PIN
`'-
`NIAIIIIIDI‘I'I'MI lira
`|
`
`without reisw
`
`LUP

This document is available on Docket Alarm but you must sign up to view it.


Or .

Accessing this document will incur an additional charge of $.

After purchase, you can access this document again without charge.

Accept $ Charge
throbber

Still Working On It

This document is taking longer than usual to download. This can happen if we need to contact the court directly to obtain the document and their servers are running slowly.

Give it another minute or two to complete, and then try the refresh button.

throbber

A few More Minutes ... Still Working

It can take up to 5 minutes for us to download a document if the court servers are running slowly.

Thank you for your continued patience.

This document could not be displayed.

We could not find this document within its docket. Please go back to the docket page and check the link. If that does not work, go back to the docket and refresh it to pull the newest information.

Your account does not support viewing this document.

You need a Paid Account to view this document. Click here to change your account type.

Your account does not support viewing this document.

Set your membership status to view this document.

With a Docket Alarm membership, you'll get a whole lot more, including:

  • Up-to-date information for this case.
  • Email alerts whenever there is an update.
  • Full text search for other cases.
  • Get email alerts whenever a new case matches your search.

Become a Member

One Moment Please

The filing “” is large (MB) and is being downloaded.

Please refresh this page in a few minutes to see if the filing has been downloaded. The filing will also be emailed to you when the download completes.

Your document is on its way!

If you do not receive the document in five minutes, contact support at support@docketalarm.com.

Sealed Document

We are unable to display this document, it may be under a court ordered seal.

If you have proper credentials to access the file, you may proceed directly to the court's system using your government issued username and password.


Access Government Site

We are redirecting you
to a mobile optimized page.





Document Unreadable or Corrupt

Refresh this Document
Go to the Docket

We are unable to display this document.

Refresh this Document
Go to the Docket