Amax Nutrasource Release Regarding Settlement of Patent Infringement Action

Amax NutraSource, Inc. is pleased to announce the settlement of Nutratech, Inc.’s patent infringement action against Amax NutraSource in the United States District Court for the District of Oregon. The action asserted U.S. Patent Nos. 6,224,873 and 6,340,482 and was based on the sale of citrus aurantium material for weight loss purposes. The lawsuit has been dismissed, and the terms of the parties' settlement are confidential and cannot be disclosed by either party. Under the terms of the settlement agreement, neither Amax NutraSource nor Nutratech is permitted to comment further, nor may either party make any statement relating to the lawsuit or the settlement other than the foregoing.

Amax NutraSource regrets that the settlement agreement precludes it from including in this press release any other information about the lawsuit, the validity of the patents, or the terms of settlement. However, in response to numerous inquiries that it has received for clarification regarding a press release issued by Nutratech on October 7, 2004, Amax can categorically state that the Nutratech’s press release can not and should not be read to infer or imply that Amax NutraSource infringed on the patents in question.

Amax NutraSource, Inc. is an industry leading, vertically integrated, raw material supplier, manufacturer and distributor of herbal and botanical extracts, nutraceuticals, nutritional supplements and specialty ingredients for the functional food, cosmetic, beverage and nutritional supplement markets. It also offers custom extraction, blending and formulation services.

Larry Martinez

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