Kemin defends lutein product, again
Pigmentos Vegetales (PIVEG) from selling its purified lutein
product suitable for human consumption on the grounds that it
violates a patent held by Kemin Foods, the producers of the lutein
brand FloraGLO.
A US court has banned Mexican manufacturer of poultry pigments Pigmentos Vegetales (PIVEG) from selling its purified lutein product suitable for human consumption on the grounds that it violates a patent held by Kemin Foods, the producers of the lutein brand FloraGLO.
The US court for the Southern District of Iowa ruled in favour of a preliminary injunction against PIVEG, to prevent further infringement of the Kemin patent 5,382,714. The outcome prohibits PIVEG from making, using,importing or selling within the United States, purified lutein crystals from plant extracts suitable for human consumption. This injunction will be in effect until a full trial of the court case between Kemin Foods and PIVEG is realised.
Rodney L. Ausich, president of Kemin Foods said: "We feel this serves as a initial indication that PIVEG's product infringed on the patent Kemin holds for purified lutein products suitable for human consumption."
The judicial process, filed on 9 July 2002, asked for an injunction against, PIVEG's continued infringement of the Kemin patent, Kemin reports.
"Kemin Foods is the exclusive licensee of the patent. It has invested significantly in the market for lutein in the United States. Through these investments our customers and consumers have realisedthe benefits of lutein. We will continue to pursue these investments and protect the market for FloraGLO Lutein," added Ausich.
Kemin recently reached an agreement in court with health ingredients company Cognis Nutrition and Health, involving the marketing and promotional issues for lutein and lutein esters products. The two companies first came head-to-head in 1999 when an agreement was produced, prohibiting Cognis from representing its lutein ester product as, or containing, lutein.
