Both Nutrition 21 and Sabinsa Corporation recently closed patent infringement cases related to their patents on nutritional supplements.
Nutrition 21 and JDS Therapeutics LLC entered into a confidential settlement and license agreement with Schwabe North America and Nature’s Way (collectively “Schwabe"). The settlement ends a patent infringement lawsuit brought by Nutrition 21 against Nature’s Way in the Southern District of New York, which was related to Nature’s Way’s use of chromium picolinate in its Alive line of dietary and nutritional supplements. The financial terms of the settlement are confidential; however, in conjunction with the settlement, Schwabe has agreed to pay for and license Nutrition 21’s patents. In addition, Schwabe has acknowledged the validity of Nutrition 21’s asserted patents. As a result, certain products from Nature’s Way and Schwabe may continue to use chromium picolinate.
Sabinsa Corporation also successfully concluded its patent infringement lawsuit against Prakruti Products Private Limited. A proposed Final Consent Judgment, agreed by the parties, was submitted to the United States District Court in New Jersey on February 18, 2015. The lawsuit, filed in the U.S. District Court, New Jersey, on July 30, 2014, alleged Prakruti was selling products that infringed upon Sabinsa’s Curcumin C3 Complex® US Patent 5,861,415, which protects compositions, methods of use and methods of extraction of a nutritional supplement in the United States. In addition to any undisclosed monetary settlement, Prakruti has agreed to discontinue any and all future sales of Curcumin to outside distribution. The proposed Final Consent Judgment stipulates that the ’415 Patent was valid, enforceable, and properly issued by the U.S. Patent and Trademark Office.