Michael Atkins - Seattle Trademark Lawyer

On Nov. 2, King Pharmaceuticals, Inc., Monarch Pharmaceuticals, Inc., King Pharmaceuticals Research and Development, Inc., and Gentrac, Inc., filed suit against Seattle-based ZymoGenetics, Inc., in the Eastern District of Tennessee. The complaint alleges a variety of false advertising and trademark infringement claims related to ZymoGenetics’ topical thrombin products.

The complaint alleges that ZymoGenetics made false and misleading statements, including: “(1) Defendant’s thrombin product is superior in safety in general as compared to King’s thrombin product; (2) King’s thrombin product causes death; (3) King’s thrombin product causes an increase in bleeding disorders and failure to clot (i.e. coagulopathies); (4) King’s thrombin product causes an increase in adverse events such as hemorrhagic and/or thromboembolic events and death; and (5) Defendant’s thrombin product is superior in safety and the incidence of adverse events because allegedly there is a greater incidence of the formation antibodies from exposure to King’s thrombin product as compared to Defendant’s thrombin product.”

Yesterday, the court granted three temporary restraining orders enjoining ZymoGenetics through a preliminary injunction hearing from:

Using THROMBIN-JMI or any variant thereof as a Google Adword;
Displaying any statement that affirmatively states or implies that ZymoGenetics’ RECOTHROM® product (or recombinant human thrombin generally) is superior to and/or safer than King’s THROMBIN-JMI® product (or bovine thrombin products generally); and
Displaying any statement that affirmatively states or implies that one or more lawsuits have been filed against King and/or THROMBIN-JMI® product customers for harm caused to patients who were exposed to King’s THROMBIN-JMI® topical thrombin line of products, or that states or implies that by purchasing and exposing patients to King’s THROMBIN-JMI® products, King’s customers risk being sued in future lawsuits.

Today, ZymoGenetics filed a motion to dissolve the TROs.

ZymoGenetics has not yet filed an answer. However, the company said: “We dispute the allegations of wrongdoing in King’s complaint and intend to vigorously defend ourselves in this matter.”

The case cite is King Pharmaceuticals, Inc. v. ZymoGenetics, Inc., No. 09-244 (E.D. Tenn.).