After OmniActive Health Technologies, Inc., Morristown, NJ filed a complaint for declaratory judgment on Kemin Industries, Inc., Des Moines, IA in September and they filed a complaint against OmniActive Health Technologies, Inc. for infringing on its patents in October, the two parties now appear to have reached an agreement. On December 5, both companies withdrew all legal complaints, choosing instead to cross license each other’s “use patents” and conceive the formation of a Lutein and Zeaxanthin Trade Organization.
In this agreement, Kemin and OmniActive will cross license all current and future “use patents” on lutein, zeaxanthin and their isomers, both worldwide and royalty-free. “This agreement removies patent road blocks, unleashing Kemin’s and OmniActive’s innovation for our customers worldwide and helps elevate the global usage of carotenoids,” explains Sanjaya Mariwala, managing director and CEO of OmniActive.
“Litigation brought us together to find common ground,” says Dr. Chris Nelson, president and CEO of Kemin Industries, Inc. “We see great value in eliminating lutein and zeaxanthin deficiencies in the human population to optimize human health through nutritional guidance.”
Kemin and OmniActive seek to do this by advancing research and education about lutein and zeaxanthin through the creation of the Lutein and Zeaxanthin Trade Organization, which will be open to all members.