Alchem Enjoined From Infringing Sabinsa Patents
May 26, 2003
Alchem Enjoined From Infringing Sabinsa Patents
NEWARK, N.J.--Alchem International was required to removeproduct literature from its booth at SupplySide East, which took place May 5 to7 in Secaucus, N.J., after a judge issued a court order preventing the companyfrom selling, marketing or discussing products that may infringe patents held byPiscataway, N.J.-based Sabinsa Corp.
The U.S. District Court for the District of New Jersey issued an order toshow cause and a temporary restraining order in a case filed Monday, May 5, andheard Tuesday, May 6. Under terms of the decision, New Delhi, India-based Alchemis prohibited from infringing two patents--one on Sabinsa's ForsLean coleusextract and one on Sabinsa's Bioperine black pepper extract.
According to Todd Norton, president of Sabinsa (www.sabinsa.com),the decision is a major one for all U.S. companies holding intellectual property(IP) rights. "This sends a message to the industry that those companiesthat feel they are outside of U.S. law because they aren't based in the UnitedStates that they are subject to IP rights," he said. "Under theConstitution, companies that invent and patent products have the right tocontrol that market. Otherwise, there is no incentive for development. This isan unprecedented case for reputable companies looking to protect theirrights."
Sabinsa and Alchem are due back in court on June 17 for a hearing on apreliminary injunction. Norton added Sabinsa is investigating other cases ofpossible patent infringement and may announce further actions in the nearfuture.
When approached for comment at the SupplySide East show, representatives fromAlchem (www.alcheminternational.com)said they could not make a comment during the show; no further comment has beenissued.
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