ESM Files IP Suit Against BIOVA

CARTHAGE, Mo. ESM Technologies LLC filed a patent infringement lawsuit against BIOVA LLC in U.S. District Court, Western District of Missouri, alleging infringement of ESMs patent covering the production of its Natural Eggshell Membrane (NEM®). The U.S. patent (No. 6,946,551), covers processes for producing a hyaluronic acid-rich fraction from eggshell membrane, and was assigned to ESM by New Life Resources in December 2007.

The charges were brought against BIOVA, based in Johnston, Iowa, and its principals Dennis Casey, president/CEO, and Matthew Stegenga, director of marketing; Stegenga worked previously as a marketing director at ESM. According to the lawsuit, BIOVAs manufacture and sales of its BiovaFlex, BiovaDerm and BiovaPlex literally infringe the cited patent, and the principals have engaged in misappropriation of trade secrets, unfair competition and interference in trade yielding unjust enrichment. ESM is seeking a permanent injunction against BIOVA, Casey and Stegenga from infringing the patent or interfering in trade, as well as compensatory and punitive damages to include all profits related to sales of the technology at issue.

Micah Osborne, president, ESM Technologies, commented, ESM Technologies is committed to bringing innovative technologies to the market. We are also committed to protecting those technologies by obtaining and enforcing patents. We are very disappointed Biova has decided to ignore our intellectual property rights. ESM Technologies will continue to pursue all legal remedies available to protect its intellectual property.

In response to INSIDERs request for comment, Casey stated, Our counsel has reviewed ESM Technologies filing. We believe it is totally without merit, we have so informed ESM, and we will vigorously defend our right to market our water soluble eggshell membrane product.