Loders Croklaan Sues Natural for Patent Infringement

WORMERVEER, The Netherlands--Loders Croklaan, makers of Clarinol™ brand CLA (conjugated linoleic acid), filed a patent infringement lawsuit against Natural Inc., makers of Tonalin® CLA. In a suit filed in the U.S. District Court in Delaware, the company is charging Natural with using two manufacturing processes utilizing a specific enzyme to extract CLA, processes which are protected by two Loders Croklaan patents. The company is seeking monetary damages from Natural and is asking that Natural not infringe on its patents in the future. On Feb. 14, Natural completed a deal to license its CLA brand to Germany-based Cognis Nutrition & Health--the same day as when Loders Croklaan announced its lawsuit.

David Lewis, business unit manager for Channahon, Ill.-based Loders Croklaan USA LLC, told INSIDER, "They've been using the same process and enzyme, and we've known about it for some time. We have made a decision that because of our proprietary technology and intellectual property that surround our products, we need to make sure to defend them so that no one can take advantage of our patents." He added that he was unaware if there is a particular dollar amount Loders Croklaan had in mind for monetary damages; Lewis also stated that neither Natural nor Cognis had yet contacted the company regarding the lawsuit.

Natural had no comment on the suit. In a press release from Cognis Nutrition & Health, the company responded by stating, "The processes used by Cognis are proprietary developments that have been designed to ensure the integrity and consistent quality of Tonalin CLA. At the same time, they clearly do not infringe the Loders Croklaan patents."