FLORIDA COMPANY SIGNS CONSENT DECREE IN SCHERING TRADEMARK SUIT
FLORIDA COMPANY SIGNS CONSENT DECREE IN SCHERING TRADEMARK SUIT KENILWORTH, N.J., Jan. 6 /PRNewswire/ -- Schering Corporation today announced that Respiratory Pharmaceuticals, Inc., of Orlando, Fla., has agreed to cease manufacturing and selling its albuterol sulfate solution products under the trademark 'Proventil' and to pay Schering $25,000 in damages. The settlement results from a suit brought by Schering against Respiratory Pharmaceuticals in the U.S. District Court in the Middle District of Florida on April 12, 1991. The suit charged Respiratory Pharmaceuticals with infringing on Schering's trademark for its bronchodilator 'Proventil'. Respiratory Pharmaceuticals agreed not to use the 'Proventil' trademark in any advertising, correspondence or other promotional materials other than in connection with the marketing of Schering's 'Proventil' (albuterol sulfate, USP) Solution for Inhalation products in original containers. Respiratory Pharmaceuticals also agreed to send a letter to its patients and customers noting that its albuterol sulfate solution product "differs in several respects" and is not the same albuterol solution product manufactured and marketed by Schering under the 'Proventil' trademark. Schering's 'Proventil' is the only albuterol sulfate unit-dose product to have undergone federal regulatory review and received final marketing clearance. It is prescribed for the prevention and relief of bronchospasm in patients with reversible obstructive airway disease and acute attacks of bronchospasm. Earlier in 1991, Schering filed 'Proventil' trademark infringement suits against two other companies: the first on May 6 against Ideal Pharmacy of Hialeah, Fla., in the U.S. District Court in the Southern District of Florida, and the second filed Sept. 12 against Pro-Med Pharmacies of Amarillo, Texas, in the U.S. District Court in the Northern District of Texas. Both suits are currently in litigation. "These suits are part of a comprehensive campaign to alert patients, physicians, pharmacists, and state and federal regulatory authorities to the
increasing sales of prescription pharmaceuticals that have not been reviewed by the U.S. Food and Drug Administration," said Rodolfo C. Bryce, president of Schering Laboratories. "Patients should not be deceived into thinking they are getting Schering's 'Proventil' when in fact they are receiving a different product manufactured by another company."
Schering Corporation is a wholly owned subsidiary of Schering- Plough Corporation (NYSE: SGP) of Madison, N.J. Schering Laboratories is the U.S. prescription pharmaceutical arm of Schering-Plough Corporation. Schering-Plough is a research-based company engaged in the discovery, development, manufacturing and marketing of pharmaceutical and health care products worldwide. -0- 1/6/92 /CONTACT: Ronald J. Asinari of Schering-Plough, 201-822-7402/ (SGP) CO: Schering-Plough Corporation; Respiratory Pharmaceuticals, In ST: New Jersey, Florida IN: MTC SU: SB -- NY063 -- 7020 01/06/92 16:06 EST
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|Date:||Jan 6, 1992|
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