MSM Firm Alleges Patent Violations

RENO, Nev.--MSM Investments Co. LLC, based here, filed suit last week against Stryka Botanics Inc. (Belle Mead, N.J.) and Nutratech Inc. (Fairfield, N.J.) for allegedly violating its patents on the production and use of MSM (methyl-sulfonyl-methane). The suit was filed in the 9th Circuit Oregon District Court. MSM Investments/Robert Herschler holds several U.S. patents (#4,568,547; #4,514,421; #4,477,469; and #4,296,104) covering MSM compositions and dietary uses.

MSM Investments claimed the two companies are infringing on, and inducing others to infringe on, its patent by using unlicensed MSM and importing Chinese product that is "not manufactured according to processes that are subject to the same quality and purity standards." It added in a release that it may also work with the International Trade Commission to halt all imports of unlicensed MSM to North America. The ITC is an independent federal agency that provides trade expertise to the legislative and executive branches of government, and directs actions against unfair trade practices (see www.usitc.gov).

While Nutratech Inc. had no comment on the suit, Stryka (www.stryka.com) did respond to the allegations. "MSM in its current form has been sold for 200 years throughout the world," said Brian McNally, Stryka executive vice president. "We intend to vigorously defend our position . In addition, if MSM has a valid `use' patent, it pertains to the end manufacturers, not raw material suppliers." McNally added that Stryka is investigating filing a counter action for business interference.

Only two American companies are currently licensed by MSM Investments to sell its patented product-Carolwood Corp. (www.msm.com) in Greenville, Pa., and Cardinal Nutrition (www.cardinalnutrition.com) in Vancouver, Wash.