Sabinsa Corporation announced today that it has successfully concluded its patent infringement lawsuit against DNP International, Inc. in the United States District Court. A final judgment was entered in the United States District Court in New Jersey on June 27, 2007.
Sabinsa had filed suit against DNP International, Inc. for infringement of Sabinsa’s patent governing the use of BioPerine® (piperine black pepper extract), U.S. Patent No. 5,972,382, and Sabinsa’s patent governing the use of ForsLean® (Coleus forskohlii), U.S. Patent No. 5,804,596. Sabinsa alleged in its complaint that DNP has been unlawfully marketing and distributing piperine and Coleus forskohlii for uses that Sabinsa researched and patented in the late 1990’s.
The final consent judgment stipulated that both the ‘382 and ‘596 patents were valid and properly issued by the US Patent and Trademark Office. In addition, DNP agreed in the final consent judgment that it shall “cease, directly and indirectly, from importing, making, using, marketing, advertising for sale, or selling” piperine or coleus in the United States. This includes coleus oil, which DNP also agreed to remove from its product list. See U.S. Patent No. 6,607,712.
Dr. Muhammed Majeed, founder and CEO of Sabinsa said, “Sabinsa is a pioneering company that is committed to the innovation of new products. Sabinsa is able to further its commitment by protecting these innovative products through obtaining patents. Unfortunately, a few companies unlawfully use Sabinsa’s patent protected work and ignore. Sabinsa’s intellectual property rights, leaving Sabinsa with no alternative but to take legal action.”
“Sabinsa Corporation will continue to pursue all legal remedies available to protect its intellectual property,” commented Dr. Majeed. “We invest significant amounts of money each year into research to develop products that can be safely and confidently used by the nutritional supplement industry. Intellectual property allows us to bring the fruits of this research to the marketplace.”
“Sabinsa Corporation, founded in 1988, is a manufacturer and supplier of high quality herbal extracts, cosmeceuticals, minerals and specialty fine chemicals. Over the past nine years, Sabinsa has brought to market more than 50 standardized botanical extracts, including BioPerine. BioPerine is a standardized piperine extract obtained from the fruits of the Piper nigrum L. (black pepper) and/or Piper longum L. (long pepper). It has been clinically shown to enhance the bio-availability of supplemented nutrients through increased absorption.
Sabinsa Corporation, which has pioneered the introduction of several Ayurvedic herbal extracts in the U.S. market, is an application oriented manufacturing and marketing company which manufactures Phytonutrients, Ayurvedic herbal extracts and specialty fine chemicals used for nutritional, pharmaceutical, cosmeceutical and food products. Sabinsa distinguishes itself by its extensive research support for its customers and products, and the scientific credentials of its key technical staff.
BioPerine® is a Registered Trademark and a product of Sabinsa Corp., and its use is protected under U.S. Patent Nos. 5,536,506, 5,744,161, 5,972,382, and 6,054,585; European Patent No. EP0810868; Japanese Patent No. 3953513; and International Patents Pending. ForsLean® is a Registered Trademark and a product of Sabinsa Corp., and its use is protected under U.S. Patent Nos. 5,804,596 and 6,607,712 and International Patents and Patents Pending.