Solae Files Second Patent Infringement Suit Against ADM, Amerifit

ST. LOUIS--Immediately after receiving a new patent covering dietary supplements containing isoflavones, The Solae Co. filed a second patent infringement lawsuit against Archer Daniels Midland Co. (ADM) and Amerifit Nutrition. The patent was issued Nov. 4, and the suit filed Nov. 5 in U.S. District Court for the Eastern District of Missouri. The lawsuit expands claims made in a June filing alleging ADM's Novasoy isoflavone products and Amerifit's Estroven dietary supplements infringe on Solae's intellectual property.

Solae holds a number of patents in the area of soy isoflavones and is also the exclusive assignee for several patents--including the newest one--from Novogen Research in Australia. The new patent, No. 6,642,212, covers delivery of natural phytoestrogens as food additives or supplements in tablets or capsules for promoting health in cases of cancer, premenstrual syndrome, menopause and high cholesterol; it is a continuation of patent No. 6,562,380, which was issued in May 2003.

Solae originally filed suit in this district court on June 3, alleging Amerifit and ADM have each infringed at least one claim on Solae's patents, and have induced others to infringe the patents; that case is still pending. The new suit broadens the scope of allegations to include claims covered under the newest patent. The cases seek permanent injunctions on ADM and Amerifit from infringing the patents, and extensive damages and attorneys' fees.

Spokesmen from ADM and from Amerifit both told INSIDER the companies do not comment on pending litigation.