Nutrition 21 Drops Suit Against Vitamin Shoppe

Nutrition 21 Drops Suit Against Vitamin Shoppe

PURCHASE, N.Y.--Nutrition 21, an AMBI company (NASDAQ:AMBI), dismissed apatent infringement suit against Vitamin Shoppe Industries Inc. (NASDAQ:VSHP)and its subsidiary, VitaminShoppe.com (collectively known as Vitamin Shoppe),for selling private label chromium picolinate products that used chromiumpicolinate not manufactured by Nutrition 21. In the agreement reached betweenthe two companies, it was acknowledged that Vitamin Shoppe is not now nor has itever been knowingly or willfully at fault in selling privately labeled productscontaining non-Nutrition 21 chromium picolinate for human consumption. VitaminShoppe has agreed to use commercially reasonable efforts to ensure thatsuppliers exclusively use Chromax in the private-label items. Since 1980, AMBI/Nutrition21 held rights under patent #33,988 to manufacture and market chromiumpicolinate for human and animal consumption, but that patent expired thissummer.  "Nutrition 21 has a significant investment in scientificresearch which support the claims of its patent estate and the value of theChromax brand," said Gail Montgomery, president and chief executive officerof Nutrition 21. "We intend to enforce our patent rights and protect thecompetitive advantage our licensees enjoy in the marketplace." Earlier thisyear, AMBI/Nutrition 21 filed suit against 19 companies alleging patentinfringement associated with the #33,988 patent (for details, visit http://www.naturalproductsinsider.com/articles/052news2.html). According to Montgomery, there is a continuing investigation of private labelmanufacturers. Nutrition 21 holds current patent rights to market chromiumpicolinate for reducing hyperglycemia and stabilizing serum glucose(#5,087,623), for increasing lean body mass and reducing body fat (#5,087,624)and for preventing undesirably high levels of blood serum lipids (#5,175,156).AMBI on Dec. 19 obtained an option for the exclusive license of two U.S. patentscovering the use of chromium to relieve the symptoms of depression andpremenstrual syndrome. For additional information, visit www.nutrition21.com.