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ARTICLE · 01 AUGUST 2016

Advancing New Claims Under The Lanham Act

Foley & Lardner LLP
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The product at issue is a prescription medication for the treatment of prophylaxis of hypokalemia with or without metabolic alkalosis.

United StatesIntellectual Property
David Hickerson
David Hickerson
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Implementing unique litigation tactics, on June 15, 2016, Foley & Larder LLP filed a complaint under Section 337 of the Tariff Act at the International Trade Commission ("ITC") on behalf of Par Pharmaceutical and related parties (Par as "Complainants"). The complaint, which is grounded in allegations of the unlawful importation of certain Potassium Chloride powder products into the United States, sale for importation, and/or sale after importation, seeks a permanent limited exclusion order and a cease and desist order against Viva Pharmaceutical Inc., a Canadian company, Virtus Pharmaceuticals, LLC, a Florida-based company, and Virtus Pharmaceuticals OPCO II, LLC, a Tennessee-based company (collectively, "Virtus") (all together, "Respondents"), in addition to their respective agents and related companies. While 337 complaints alleging patent infringement, copyright infringement, and trademark infringement are common, this is the first 337 complaint based on the unfair

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