Additional Ruling Issued in Lutein Patent Case

Additional Ruling Issued in Lutein Patent Case

DES MOINES, Iowa--A patent infringement suit originally filed in 2002continues to make its way through the court system, as a U.S. District Courtjudge entered a ruling allowing Pigmentos Vegetales del Centro (PIVEG) to marketa purified lutein produced without the use of propylene glycol. Kemin Healthalleged PIVEG's purified lutein infringed on its patent (No. 5,648,564), whichcovers a process using propylene glycol for isolation, purification andrecrystalization of lutein from marigold oleoresin. The decision from JudgeJames E. Gritzner permanently enjoins PIVEG from marketing any purified luteinproducts manufactured using propylene glycol; among those cited in theinjunction are the 25 percent lutein beadlet, 25 percent lutein CWD beadlet, 5percent lutein beadlet, 20 percent lutein oil and 70 percent lutein powder.

In September 2004, a jury issued a split decision on the 13 counts in thepatent infringement filing covering the '564 patent and another Kemin patent(No. 5,382,714). Eight upheld Kemin's allegations on patent infringement, whilethe others found PIVEG neither willfully nor literally infringed. Limitedmonetary damages were also awarded to Kemin. The monetary award and jurydecision were upheld in a court order issued in early February 2005, whichfurther held both contested patents are valid and enforceable.