Brach Eichler represents Novel Drug Solutions and Eye Care Northwest, PA
ROSELAND, N.J., May 30, 2019 /PRNewswire/ -- Axiom Communications, on behalf of Novel Drug Solutions, LLC and Eye Care Northwest, PA announced today that the companies have delivered a Notice of Termination and Cease and Desist directive to Harrow Health, Inc. (NASDAQ: HROW formerly known as Imprimis Pharmaceuticals, Inc.).
The parties have been embroiled in litigation pending in the United States District Court in Delaware concerning the Agreement that is the subject of today's Termination Notice. Novel Drug Solutions, LLC and Eye Care Northwest, PA allege that they have not received payment as required under the Agreement. The Notice of Termination and Cease and Desist directive, delivered today by the Plaintiff's counsel, Charles X. Gormally, Director of Litigation at Brach Eichler LLC of Roseland, New Jersey, marks a new chapter in this dispute.
Novel Drug Solutions, LLC and Eye Care Northwest, PA previously conveyed its valuable assets and intellectual property that it had developed for medications utilized to reduce swelling and prevent infections in connection with eye surgery. The products are currently being manufactured and marketed by Harrow Health under the trademarks of DropLess and LessDrops and have demonstrated efficacy in ophthalmological surgical procedures.
Based on Harrow Health's failure to pay, Novel Drug Solutions, LLC and Eye Care Northwest, PA contends that it has an absolute right to terminate the relationship and, most importantly, to repossess all of its Technology and Assets from Harrow Health.
Today's notice to Harrow Health demands that it immediately return and re-assign of all of the assets and technology that Novel Drug Solutions, LLC and Eye Care Northwest, PA had previously conveyed to Harrow Health, and also demands that Harrow Health Cease and Desist any utilization of the Plaintiffs' intellectual property.
Commenting on this shift of strategy Mr. Gormally noted, "It is unfortunate that Harrow Health has elected to ignore its obligations to our clients Novel Drug Solutions, LLC and Eye Care Northwest, PA whose principals worked tirelessly to develop highly proprietary and beneficial medications without receiving any payment. The Amended/Supplemental Complaint that will be filed with the Court's approval seeks to protect these hard-working inventors.
We also will seek to stop Harrow Health, a sophisticated publicly traded company, from using the assets and technology of Novel Drug Solutions, LLC and Eye Care Northwest, PA and to promptly return their intellectual property to them. It is unlikely that our clients' decision to terminate the relationship will end the pending litigation, but at this juncture the best decision for our clients is to assist them in repossessing their assets, technology and intellectual property, and assist them in forging a new relationship with a manufacturing and marketing partner that will respect their contribution to these highly important and useful medical products."
The pending action is NOVEL DRUG SOLUTIONS, LLC, and EYE CARE NORTHWEST, PA, vs. HARROW HEALTH CA No 18-539-MN