June 22, 2009

2 Min Read
OmniActive's Lutemax(R) Customers Not Impacted by Lutein Patent Reissue

In a recent press release, Kemin Health L.C. announced that the U.S. Patent and Trademark Office had allowed reissue patent claims based on U.S. Patent 5,382,714 ("the '714 patent"), and suggested that the reissue claims "strengthened" Kemin's intellectual property in the purified lutein field. OmniActive Health Technologies is notifying current and potential customers that, since by law Kemin's reissue claims cannot broaden the claims of the original '714 patent, they can be confident that OmniActive's Lutemax(R) lutein products do not infringe Kemin's reissued '714 patent.

U.S. patent law clearly states that any application to broaden the claims of a patent must be filed within two years of the original patent on which it is based (35 U.S. Code, Section 251). Because Kemin did not file its reissue patent applications until more than 10 years after the '714 patent was granted, the reissue claims cannot legally be any broader than the original patent claims. And because OmniActive's Lutemax line of lutein products does not infringe the original '714 patent, it also does not infringe any of the reissue claims.

About OmniActive:
OmniActive Health Technologies, Inc., supplies a range of proprietary active ingredients and advanced delivery platforms for ingredients used in healthcare, food, and personal care applications. OmniActive is the world's first complete source for the entire range of macular xanthophylls for food fortification and dietary supplementation including Lutemax(R)Free Lutein, Lutemax(R) Lutein Esters and the patent pending range of specialized Zeaxanthin products. The company provides its Lutemax range of ingredients in the form of vegetarian beadlets, oil suspensions and powder forms to meet all preferences and manufacturing requirements. OmniActive's manufacturing facilities are certified for the quality and food safety management systems under ISO-22000(2005) and cGMP standards.

OmniActive is an industry leader in lutein research and development and has secured several patents for its contributions to the field
- US Patent #6,743,953 for Free Lutein
- US Patent #6,737,535 for Lutein Esters
- Australia Patent #2002347590 for Free Lutein
- Canada Patent #2,496,495 for Free Lutein
- Japan Patent #2004-530493 for Free Lutein

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