Nutratech, Inc.'s patent infringement lawsuit against Syntech (SSPF) International, Inc. over the sale of Citrus aurantium extract, filed in June 2006, continues despite attempts by Syntech to have the lawsuit dismissed. Nutratech alleges that Syntech is infringing on Nutratech's U.S. patents on the use of Citrus aurantium extract for stimulating thermogenesis, reducing weight, and suppressing appetite.
Bob Green, president of Nutratech, said Syntech's first unsuccessful attempt in having the lawsuit dismissed in August 2006 was premised on the absence of the patent owner as a plaintiff in the lawsuit. “After the patent owner agreed to join the lawsuit and so notified the court, the court denied Syntech's motion to dismiss the suit,” Green said. “Zhishin Capital LLC has since bought the Citrus aurantium patents under which Advantra Z® is licensed,” he added.
Syntech's second attempt to dismiss the lawsuit through a motion for summary judgment was also unsuccessful. In November 2006, Syntech argued that Nutratech had no evidence consumers are using weight loss products containing Syntech's Citrus aurantium extract. Syntech also argued it could not be held liable for infringement under a theory of contributory infringement. The following month, the court denied Syntech's second request to dismiss the lawsuit as premature, saying Nutratech should have an opportunity to gather evidence through the normal process of discovery which occurs in lawsuits.
Nutratech, Inc., is a premier supplier of cutting edge, popular, and patented nutraceutical ingredients for the weight management and sports nutrition industries. Its proprietary bitter orange extract, Advantra Z®, is the industry’s leading patented thermogenic ingredient. Headquartered in West Caldwell, N.J., the company is known for its industry advocacy and commitment to scientifically supported raw materials. For more information on Nutratech and Advantra Z®, visit the company’s web site at www.nutratechinc.com.