Nutratech Sues Nutrabiotics for Patent Infringement

Nutratech Sues Nutrabiotics for Patent Infringement

NEWARK, N.J.Nutratech Inc.filed a lawsuit in U.S. District Court for the District of New Jersey on Sept.4, alleging patent infringement by Nutrabiotics Research Labs. At issue areweight-loss and thermogenic marketing claims on three of Nutrabioticsfinished products containing Citrus aurantium.

South Burlington, Vt.-based Zhishin LLC holds U.S. Patent No. 6,224,873 for use of Citrus aurantium for thermogenesisand weight loss. Exclusive worldwide marketing rights for this patent, andthree related patents, are licensed to Wayne, N.J.-based Nutratech, whichsupplies the material as Advantra Z.

Since patents are only as good as the patent holders orexclusive licensees willingness to devote resources to defend and protectthem, Nutratech has decided to rigorously pursue companies who are infringing onthese patents in order to protect our customers competitive advantage in themarketplace, said Bob Green, a principal of Nutratech. He added the company is investigating additional cases ofsuspected patent infringement and would file lawsuits if cause were uncovered.

The lawsuit claims Middlesex, N.J.-based Nutrabiotics isselling three productsThermofuel Beta 3, Thermofuel Lite and LipoLeanusinggeneric Citrus aurantium and making claims covered by the Zhishin patentand using research conducted on Advantra Z. Nutratech is seeking a permanentinjunction against Nutrabiotics from infringing on the Zhishin patent, as wellas extensive compensatory damages, punitive damages and attorney fees.

Nutrabiotics (www.nutrabiotics.com) did not return INSIDERscalls for comment.