Nutrition 21 Files Patent Infringement Suit Against Lonza

PURCHASE, N.Y.--Made public on May 13, Nutrition 21 has filed a complaint against Fair Lawn, N.J.-based Lonza Inc. for infringing on two of its patents covering chromium picolinate with its Carnichrome 10 product, introduced in September 2001. As a result, Nutrition 21 is seeking an injunction against this product and compensation for lost profits and royalties. The complaint was filed April 30 in U.S. District Court in the Southern District of New York.

U.S. Patent No. 5,087,623 ('623), issued on Feb. 11, 1992, covers chromic picolinate as a prophylactic or therapeutic agent for controlling blood serum parameters, including lipid and glucose levels. "Carnichrome 10 is a source of carnitine and chromium for use in swine and sow feeds, and the only approved use for chromium supplementation in swine is for glucose maintenance. We own a patent for feeding chromium picolinate to individuals for glucose maintenance," said Benjamin Sporn, counsel for Nutrition 21 (www.nutrition21.com). "We believe that the feeding of chromium to swine in the form of the Carnichrome 10 product falls within our patent coverage." He added that this patent covers both humans and animals.

Patent No. 6,143,301, issued Nov. 7, 2002, covers the composition of chromic tripicolinate or chromic polynicotinate with an acid. "Carnitine is an acid, so we believe the combination of chromium and carnitine as contained in the Lonza product also infringes our composition patent," Sporn told INSIDER. Chromium tripicolinate is listed as one of the ingredients in Carnichrome 10.

In the complaint, Nutrition 21 alleges that Lonza (www.lonza.com) has admitted to knowing about the '623 patent and, in doing so, Lonza marketing Carnichrome 10 has been "willful and wanton." Nutrition 21 also alleges that it has lost profits and royalties due to the sale of this product and therefore is entitled to treble damages and attorney's fees.

A spokesperson for Lonza told INSIDER that the company does not comment on ongoing litigation.