JDS Therapeutics LLC and Nutrition 21 LLC announced that they have 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 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 of Nature’s Way’s and Schwabe’s products may continue to use chromium picolinate.
Michael Satow, president and chief executive officer of Nutrition 21, stated that, “We are delighted that we were able to reach an amicable resolution to our dispute with Schwabe. This reaffirms the strength of Nutrition 21’s patent portfolio which covers compositions and uses of a number of products that include chromium picolinate in combination with other ingredients.”
Nutrition 21 is represented by Stroock & Stroock & Lavan LLP.