PURCHASE, N.Y. and FAIR LAWN, N.J., May 20, 2003 – Nutrition 21, Inc. (Nasdaq: NXXI) and Lonza Inc. today announced that they have settled the patent infringement action against Lonza on mutually satisfactory terms. The infringement action concerned Nutrition 21’s U.S. Patent No. 5,087,623 covering the use of chromium picolinate for reducing hyperglycemia and stabilizing serum glucose.
As part of the settlement, Nutrition 21 has granted Lonza the right to continue to use and sell combinations of chromium picolinate and L-carnitine (e.g., Carnichrome) for all phases of swine feed applications. No other rights were granted to Lonza to sell chromium picolinate alone or in other combinations for human or other animal applications, markets presently served by Nutrition 21, and its Chromax® chromium picolinate licensees and distributors.
Gail Montgomery, President and CEO of Nutrition 21, said, “We are pleased to have granted rights to Lonza under one of our most important patents and believe the settlement will be of benefit to both companies.”
Reto Rieder, Global Director for Nutrition Products for Lonza, said, “By recognizing the validity of the patent and entering into an agreement with Nutrition 21, we believe that Lonza’s proprietary position, which presently includes both patent and trademark rights on combinations of L-carnitine and chromium picolinate for swine feed applications, will be strengthened.”
About Nutrition 21
Nutrition 21 is a leading developer and provider of nutritional products whose health benefits are substantiated by clinical research. The Company markets Chromax chromium picolinate, the leading brand of chromium, and holds 35 patents for nutrition products, 22 for chromium compounds and their uses. More information is available at www.nutrition21.com.
Lonza is a Life Sciences driven company headquartered in Switzerland, with sales of CHF 2.54 billion in 2002 and operating 18 production and R&D facilities in 8 countries. It employs 6,200 people worldwide and is the leading custom manufacturer of active chemical ingredients, intermediates and biotechnology solutions to the pharmaceutical and agrochemical industries. It also offers organic intermediates for a wide range of applications and provides antimicrobial and associated products as well as polymer intermediates and compounds. For more information on Lonza please visit the company’s website at www.lonza.com.
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Nutrition 21, Inc. Lonza Inc.
4 Manhattanville Road 17-17 Route 208
Purchase, NY 10577 Fair Lawn, NJ 07410
Stacey Antine Reto Rieder