The lawsuit alleged that NutriBioLink and Olive Lifesciences Private Limited were selling and distributing products that infringed upon Sabinsa’s Curcumin C3 Complex U.S. Patent 5,861,415 (“the ’415 Patent”), which protects compositions, methods of use, and methods of extraction of a nutritional supplement in the U.S. Specifically, other companies may not sell imitations of Sabinsa’s unique compositions, nor market it for its antioxidant use, nor use the extraction method developed by Sabinsa and outlined in Sabinsa’s patent.
NutraBioLink has agreed to discontinue any and all future sales of curcumin to outside distribution. The proposed Final Consent Judgment stipulates that the ’415 Patent is valid, enforceable, and properly issued by the U.S. Patent and Trademark Office.
"We are pleased that once again the courts have reaffirmed that our ‘415 Patent is valid and enforceable,” said Sabinsa Founder Dr. Muhammed Majeed. “Given how many times we have challenged IP infringing companies and how many times we have prevailed, one would hope companies considering theft of Sabinsa’s Intellectual Property would ultimately decide to develop their own instead.”
Previously, lawsuits filed against Prakruthi Products Private Limited and HerbaKraft Inc., for Sabinsa’s ‘415 patent, were successfully resolved in Sabinsa’s favor.
"Again, we have seen another accused infringer recognize the legitimacy of Sabinsa’s intellectual property,” said James H. Hulme, partner, Arent Fox LLP, the attorney who represents Sabinsa in IP infringement matters. “Sabinsa has made a substantial investment in its intellectual property over the years as a pre-eminent, science-based company. Those in the industry should realize that they cannot get a free ride on the efforts and success of Sabinsa in its science-based products because Sabinsa has demonstrated that it will aggressively protect its investment within the full bounds of the law.”
Curcumin C3 Complex is a Registered Trademark and Patented product of Sabinsa Corp., and is protected under U.S. Patent No. 5,861,415, and International Patents and Patents Pending.