There million Americans, primarily those age 40 and over, now suffer from the disease. The goal in treating patients with glaucoma and ocular hypertension is to decrease and maintain the IOP to within normal limits.Ĩ. Left untreated, glaucoma can result in blindness.ħ. Elevated IOP is caused by excess fluid within the eye that can result in damage to the optic disk and cause gradual loss of vision. This case is about the medications used in the treatment of glaucoma, a disease of the eye marked by increased intraocular pressure ("IOP") within the eye. There is no dispute about the nature of the eye disease glaucoma and the glaucoma market. THE EYE DISEASE GLAUCOMA AND THE GLAUCOMA MARKETĦ. On April 16, 2001, Pharmacia moved for a preliminary injunction to enjoin defendant Alcon from infringing and diluting *340 Pharmacia's federally registered Xalatan trademark in connection with Alcon's use of the name Travatan for the sale of a prostaglandin-based product used for the treatment of the eye disease glaucoma. (the "Lanham Act") and New Jersey statutory and common law.ĥ. Pharmacia initiated this civil action on Maunder the Lanham (Trademark) Act of 1946, 15 U.S.C. Pharmacia and Alcon are pharmaceutical companies that manufacture and market, inter alia, ophthalmic preparations for the treatment of the eye disease glaucoma.Ĥ. Alcon's principal place of business is 6201 South Freeway, Fort Worth, Texas 76134.ģ. ("Alcon") is a Delaware corporation and a wholly-owned subsidiary of Alcon Holdings, which is a wholly-owned subsidiary of Alcon Universal Limited, which is a wholly owned subsidiary of Nestle S.A. (formerly known as Pharmacia & Upjohn S.A.), a company organized under the laws of Luxembourg and Pharmacia & Upjohn Company, a company organized under the laws of Delaware (collectively, "Pharmacia").Ģ.
Pharmacia Corporation is the parent corporation of the other plaintiffs: Pharmacia AB (formerly known as Pharmacia & Upjohn AB), a company organized under the laws of Sweden Pharmacia Enterprises S.A. Plaintiff Pharmacia Corporation is a Delaware corporation with its principal place of business located at 100 Route 206 North, Peapack, New Jersey 07977. THE PARTIES AND THE NATURE OF THE ACTIONġ. Conversely, to the extent that any conclusions of law constitute findings of fact, they are adopted as such. To the extent that any of the findings of fact might constitute conclusions of law, they are adopted as such. The Court makes the following findings of fact and conclusions of law pursuant to Rule 52 of the Federal Rules of Civil Procedure. The application for a preliminary injunction was submitted to the Court for determination on the basis of five days of testimony of witnesses at an evidentiary hearing, as well as affidavits, exhibits and the transcripts of testimony given upon oral depositions. Plaintiff Pharmacia Corporation and its related companies filed a complaint on Maagainst Alcon Laboratories Inc., seeking a preliminary injunction against the use of an existing trademark. This Court has supplemental subject matter jurisdiction over all other claims under 28 U.S.C. The Court has subject matter jurisdiction pursuant to 15 U.S.C. and the laws of the State of New Jersey for trademark infringement and trademark dilution. This is an action arising under the Lanham Act, 15 U.S.C. Vassallo, Esq., Timothy Kelley, Esq., James Gibson, Esq., Tila Duhaime, Esq., Fitzpatrick, Cella, Harper & Scinto, New York City, for Plaintiffs. Berry, Esq., Sherilyn Pastor, Esq., McCarter & English, LLP, Newark, NJ, Edward E. Potenza, Esq., Debevoise & Plimpton, New York City, for Defendant.Īndrew T. Cohen, Esq., Robertson, Freilich, Bruno & Cohen, LLC, Newark, NJ, Bruce P.
PHARMACIA CORP., Pharmacia AB, Pharmacia Enterprises S.A.
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