WAYNE, N.J., January 26, 2004 – Nutratech, Inc. – a research-based nutraceutical ingredient supplier – announces the settlement of patent infringement actions against Nutrabiotics Research Labs, Inc. (“Nutrabiotics”) in the U.S. District Court for the District of New Jersey for using patented claims on their labels and marketing materials reserved only for customers who purchase Advantra Z® material. In the settlement, Nutrabiotics was held liable for making application claims pursuant to four current U.S. patents (6,224,873; 6,316,499; 6,340,481 and 6,340,482) on labels and marketing material for their Thermofuel Lite and LipoLean products. These patents relate to the use of Citrus aurantium, bitter orange or citrus extracts for, but not limited to:
• stimulating thermogenesis
• reducing weight loss
• increasing lean muscle mass to total body mass
• improving athletic performance and
• suppressing appetite
As part of the settlement, Nutrabiotics agrees to refrain from infringing on the four U.S. patents owned by Zhishin, LLC and exclusively licensed to Nutratech. In addition, Nutrabiotics paid an undisclosed sum for past infringement.
“By purchasing Advantra Z®, Nutratech’s customers can utilize these claims, subject to their attorney’s comments and/or approval, on their product’s label and marketing support material,” states Marc Brucker, one of the principals of Nutratech. “This gives Nutratech’s customers a marketing advantage over their competition that may be purchasing generic Citrus aurantium, which is why Nutratech has decided to rigorously pursue companies who are infringing on these patents” Brucker adds.
Unlike generic counterparts on the market, much of the research on Citrus aurantium has been conducted using Advantra Z®, which utilizes optimal harvesting techniques and a proprietary extraction process to produce a unique synergistic amine composition. This complete composition of five synergistic adrenergic amines: synephrine, n-methyltyramine, hordenine, octopamine and tyramine is responsible for delivering the applications protected by the aforementioned series of patents and the positive results found in the research.
“And it’s this time and cost intensive investment that we want to make sure benefits our customers and not competitors who choose to use scientifically unsupported generic Citrus aurantium material,” contends Marc Brucker.
Nutratech, Inc. with headquarters in Wayne, NJ provides innovative, proprietary and patented nutraceutical ingredients with efficacy claims that are supported by sound scientific research.