September 15, 2016
Natural Products Insider

OMNIACTIVE BRINGS DECLARATORY JUDGMENT LAWSUIT AGAINST KEMIN INDUSTRIES

OmniActive Brings Declaratory Judgment Lawsuit Against Kemin Industries

OmniActive Health Technologies, Inc., an innovator in the business of supplying ingredients to the food, beverage, and supplements industries, announced today that it has filed a declaratory judgment lawsuit against Kemin Industries, Inc.

In its lawsuit, OmniActive requests a judicial declaration that it does not infringe Kemin’s U.S. Patent Nos. 8,815,955 and 9,226,940. The lawsuit also requests a determination that the case is exceptional and that OmniActive is entitled to attorneys’ fees.

OmniActive brought the lawsuit after Kemin threatened OmniActive with certain patents with regard to OmniActive’s “What’s Your B.L.U.E.?™ (Blue Light User Exposure)” marketing campaign. Kemin demanded that OmniActive cease and desist this campaign as well as any marketing of OmniActive’s Lutemax® 2020 product based on its ability to support eye health in combating blue and ultraviolet light damage.

What’s Your B.L.U.E.?™ is OmniActive’s most recent exciting initiative in the award-winning Lutein For Every Age™ (www.LuteinForEveryAge.org) campaign. What’s Your B.L.U.E.?™ educates consumers on high-energy blue light, its sources, and ways to help protect healthy vision from the effects of blue light with the support of the macular carotenoids—lutein and zeaxanthin isomers (RR-zeaxanthin and RS [meso]-zeaxanthin). OmniActive’s globally recognized Lutemax® 2020 is a naturally derived marigold extract providing all three macular carotenoids—lutein and enhanced levels of both zeaxanthin isomers (RR-and RS [meso]-zeaxanthin)—at the same 5:1 ratio as found in nature to optimally support eye health. OmniActive is actively engaged in a robust clinical research program for Lutemax® 2020 to support the numerous benefits of macular carotenoids in different age groups of healthy populations, including the B.L.U.E. study, which is a groundbreaking human study investigating the impact of macular carotenoids supplementation on very specific measures of visual function in healthy subjects with long-duration exposure to digital screens and other blue light sources.

“OmniActive has made and will continue to make significant advancements in research and market development to contribute to the relevance of macular carotenoids for every category of the general population as part of our Lutein For Every Age™ campaign. As an innovator, OmniActive strongly believes in intellectual property rights, respects the intellectual property rights of others, and brings novel, science-based concepts to the industry. But unsubstantiated patent-related threats such as these of Kemin must be opposed as they seek to prevent fresh and innovative new products with scientific substantiation from reaching the general public,” said Abhijit Bhattacharya, OmniActive’s President. “Indeed, in bringing this suit, we have sent a positive message to the industry that OmniActive is an innovator, that we firmly stand behind our products, our customers, and our marketing campaigns, and that we reject Kemin’s unfounded allegations of infringement.”

OmniActive brought the declaratory judgment action in the U.S. District Court for the District of New Jersey.

About OmniActive Health Technologies

OmniActive Health Technologies (www.omniactives.com) offers a range of quality ingredients, that are innovative and scientifically validated to address complex challenges for customers in the dietary supplement, food and beverage space using technology-driven, sustainable solutions with application support within a global regulatory framework. OmniActive’s core products include carotenoids, plant extracts and specialty functional ingredients. The company develops IP-protected, science-backed branded ingredients from natural sources using cutting edge technologies. OmniActive leverages international R&D strengths to deploy an array of state of the art manufacturing technologies in extraction, purification, isolation and delivery of nutritional actives. Clinical research–geared towards demonstrating efficacy and claim substantiation–is the cornerstone of OmniActive’s R&D activities. The company’s centers of excellence are located in North America and India, whereas its cGMP and HACCP system-compliant manufacturing operations are located at multiple FDA inspected sites in India. Whether looking for a new ingredient to add to a finished product, or technology to enhance an existing ingredient, OmniActive delivers unmatched innovation.

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