Kemin, OmniActive Issue Joint Statement

DES MOINES, Iowa & SHORT HILLS, N.J. Kemin Health and OmniActive Health Technologies issued a joint statement, Frequently Asked Questions Re: the Settlement Between Kemin and OmniActive addressing the status of a patent lawsuit concerning lutein. According to the companies, the settlement agreement reached in November 2009 found neither party liable or at fault; the lawsuit was resolved, but the companies will not be collaborating in the lutein market.

The patent at issue was Kemins U.S. patent (No. 5,382,714), Process for Isolation, Purification and Recrystallization of Lutein from Saponified Marigold Oleoresin and Uses Thereof. The patent covers Kemins FloraGLO® brand lutein, and has been reissued with additional claims. In the settlement, OmniActive agreed Kemins patent and reissues are valid and enforceable.

Under terms of the settlement, OmniActive will sell its original formulation of Lutemax Free Lutein and Lutemax 2020 Free Lutein outside the United States. It will sell the Lutemax 2020 product in the United States and convert its original Lutemax Free Lutein to new formulations based on the Lutemax 2020 technology. Further, Kemin agreed the Lutemax 2020 and new formulations based on that technology do not infringe Kemins patents.

The statement was posted online by both Kemin (FAQs) and OmniActive (FAQs).