Sabinsa Files Patent Infringement Suit

NEWARK, N.J.—Sabinsa Corp. filed a lawsuit in U.S. District Court, District of New Jersey, alleging patent infringement by Whittier, Calif.-based DNP International Inc. Sabinsa, based in Piscatway, N.J., alleges DNP has infringed or contributed to infringement of two of Sabinsa’s U.S. patents covering the use of piperine (No. 5,972,382) and Coleus forskohlii (No. 5,804,596). The ’382 patent covers the use of piperine (black pepper extract) for nutrient bioavailability; Sabinsa’s patented extract is sold as BioPerine®. The ’596 patent covers the use of a forskohlin extract for promoting lean muscle mass; Sabinsa’s patented extract is sold as ForsLean®.

“We invest significant amounts of money each year into research to develop products that can be safely and confidently used by the nutritional supplement industry,” said Muhammed Majeed, Ph.D., M.D., founder and chief executive officer (CEO) of Sabinsa (www.sabinsa.com). “Intellectual property allows us to bring the fruits of this research to the marketplace. Unfortunately, a few companies unlawfully use our patent-protected work and ignore Sabinsa’s intellectual property rights, leaving us with no alternative but to take legal action.”

DNP (www.dnpint.com) issued a statement in response to the filing. David Ji, president, said: “Sabinsa is an approved vendor for DNP on these two products. They agreed to sell it through DNP and its marketing plans. It is regretful that they send media information regarding a lawsuit. DNP already holds the marketing of these two products and we will review the patent issue with our attorney for the claim.”

However, Sabinsa issued a formal response to DNP’s statement: “The statement given by DNP is false. DNP has never purchased any materials from Sabinsa. We have authorized one company to resell our Bioperine, and that one customer only. We have never authorized or entered into an agreement to allow the resale of our ForsLean ingredient to anyone, including DNP.”