PISCATAWAY, NJ -
For the first time, a foreign company engaging in alleged
Intellectual Property (IP) theft at a dietary supplements
industry trade show has been stopped in its tracks.
Sabinsa Corporation, known for vigorously protecting
its IP, obtained an emergency injunction from the United
States District Court against Alchem International, Ltd.
when it was observed that the company was offering to sell
products which infringed upon two of Sabinsa’s patented
ingredients, ForsLeanâ and Bioperineâ, at SupplySide
East in Secaucus NJ.
According to Mark C. Sysler, Sabinsa’s
Sr. EVP for Marketing and Sales, defending a company’s
Intellectual Property against some foreign patent infringers
is a struggle. These companies will attend or exhibit at
a trade show, offer to sell ingredients that are protected
by a US patent, and leave the country before action can
be taken by the patent holder. They then follow up on those
leads from overseas and it is difficult to pursue legal
action against them.
In this case, Sysler went before US district
Judge Pisano on Tuesday May 6, 2003, just after the trade
show opened. The judge issued a temporary order restraining
Alchem from "1. Infringing Sabinsa ‘s United
States patent no. 5,804,596 either directly, contributorily
or by inducement, by importing, using, making, selling or
offering to sell any coleus forskohlii extract in a concentration
of 3% or greater, specifically including any sale, advertising,
promotion, display or mention of the products at the Supply
Side East trade show presently taking place at the Meadowlands
Exposition center in Secaucus New Jersey and
2. from infringing Sabinsa ‘s United
States patent no. 5,972,382 either directly, contributorily
or by inducement, by importing, using, making, selling or
offering to sell any piperine extract from black pepper
in any concentration, specifically including any sale, advertising,
promotion, display or mention of the products at the Supply
Side East trade show presently taking place at the Meadowlands
Exposition center in Secaucus New Jersey."
Sabinsa Corporation, which has pioneered the
introduction of several Ayurvedic herbal extracts in the
US market, is an application-oriented manufacturing and
marketing company which manufacturers Phytonutrients, Ayurvedic
herbal extracts and specialty fine chemicals used for nutritional,
pharmaceutical, cosmeceutical and food products. Sabinsa
distinguishes itself by its extensive research support for
its customers and products, and the scientific credentials
of its key technical staff.