Kemin, OmniActive IP Dispute Continues

TAMPA, Fla.A patent infringement lawsuit filed by Kemin Health against OmniActive Health Technologies will move forward to jury trial, following a decision by the U.S. District Court for the Middle District of Florida to deny OmniActives motion for summary judgment of non-infringement. The denial of the motion for summary judgment means a factual dispute exists as to whether OmniActives purified free lutein products infringe Kemins U.S. patent No. 5,382,784, and the issue should be resolved by a jury. While Kemin filed the original lawsuit in mid-2007, alleging infringement of its patent related to the production and use of free lutein in dietary supplements, OmniActive later filed counterclaims alleging the '714 patent is invalid and Kemin has engaged in unfair trade practices related to marketing products under the patent.