Cyvex Nutrition Responds to Patent Infringement Suit

Cyvex stands by the quality and integrity of its patented chicken collagen II compound, ArthroColl®

IRVINE, CA— In response to the October 7 press release submitted by Biocell Technology, LLC announcing its patent infringement lawsuit against Cyvex Nutrition, Inc., Cyvex Nutrition officials and legal team categorically reject accusations by Biocell Technology, LLC of patent infringement and interference with Biocell’s contractual and business relations regarding the sale of chicken collagen II. Cyvex intends to vigorously defend against Biocell’s lawsuit and expects to prevail in court.

Cyvex Nutrition, Inc. has been the exclusive distributor of Arthrocoll®, chicken collagen II manufactured by SPI Diana of Berric, France since 2000. Arthrocoll® is manufactured under patents French Patent # 2,782,607 and World Patent WO 00/11969 – PCT/FR99/02052 (see for the Nov. 6, 2000 press release).

Arthrocoll®, chicken collagen II is not chemically representative of Biocell’s patent claims. ArthroColl’s chondroitin sulfate and hyaluronic acid content and molecular weight, subject to patent infringement allegations are only typical to natural, hydrolyzed, chicken connective and joint tissues.

SPI Diana has supported clinical research in the use of chicken collagen II in joint support and completed studies in 2003.

“Biocell has no legal exclusivity in the nutraceutical industry of chicken collagen type II as it alleges and infers,” states Cyvex Nutrition CEO Gilbert Gluck. “And Cyvex considers the charges of interference with Biocell’s contracts and business relationships unjustified. Hydrolyzed chicken collagen II has been processed in the U.S. and Overseas prior to the registration of Biocell's first US patent # 6,025,327 issued in February 15, 2000,” he adds.
Cyvex Nutrition has proudly supplied the nutraceutical industry with innovative ingredients for the past 20 years enjoying an impeccable reputation for integrity, quality and customer support.

Cyvex Nutrition’s portfolio of branded, trademarked ingredients includes Arthrocoll® chicken collagen type II, Biovin, Full Spectrum Grape Extract, BioCosanol™ rice/ sugar policosanol, BioVinca® vinpocetine and LactoCalcium™ brand of milk minerals among others. Cyvex Nutrition, Inc. also developed the NutriPrint™ system, a stringent quality program applied to all its products.

Gilbert Gluck
(949) 622-9030

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