OmniActives Refutes Infringement Allegations

SHORT HILL, N.J.—OmniActive Health Technologies released a statement in early August refuting allegations of patent infringement made by Kemin Health LC in a lawsuit filed in U.S. District Court for the Middle District of Florida, Orlando. Kemin’s suit claimed OmniActives sold lutein ingredients in violation of Kemin’s patent (No. 5,382,714) that covers certain methods for the isolation and purification of lutein and lutein compositions. OmniActives (www.OmniActives.com) holds U.S. patents for free lutein (No. 6,743,953) and lutein esters (No. 6,737,535).

Sanjaya Mariwala, managing director of the parent company, OmniActive Health Technologies Pvt. Ltd., in Mumbai, India, said: “We have been aware of Kemin’s ’714 patent and previously considered the scope of protection afforded by this patent to ensure our activities were well-clear of the patent. Having made deep investments in R&D, OmniActives respects intellectual property, and we have offered and sold our Lutemax® Free Lutein range in the industry with due diligence after ensuring uniqueness of our IP and patents. [Our] product is covered by the ’953 patent and other patent pending technologies, which describe a very different product and process than the ’714 patent.”