On October 6, 2016, Kemin Industries, Inc. (Kemin) issued a press release that it filed a legal action against OmniActive with the International Trade Commission (ITC). Kemin’s suit is in response to OmniActive’s own Declaratory Judgment suit filed against Kemin in August, 2016 requesting a judicial declaration that it does not infringe Kemin’s U.S. Patent Nos. 8,815,955 and 9,226,940 (the same patents Kemin has asserted in the ITC). OmniActive filed its suit in August after Kemin threatened a patent suit against OmniActive with regard to OmniActive’s “What’s Your B.L.U.E.?TM (Blue Light User Exposure) marketing campaign.
Kemin’s press release states that it will be seeking an “exclusion order to preclude OmniActive’s continued importation of [Lutemax 2020®]” and that it did so “in response to OmniActive’s marketing campaigns surrounding its lutein and zeaxanthin products, such as Lutemax 2020®.”
“Kemin fails to mention OmniActive’s New Jersey suit, previously initiated in August to prove that Kemin does not have any rights to enforce their actions against OmniActive products. Kemin’s assertions are premature and misleading. OmniActive has been discussing the well-established blue light protection and antioxidant functions of the macular carotenoids as they relate to Lutemax® 2020 since the brand’s 2009 launch and earlier, has launched two successful branded educational campaigns over the last several years – Lutein for Every Age™ and What’s Your B.L.U.E.?™ – and has completed 5 human clinical trials over the last 18 months. Kemin does not seem to have any new research in this area, and their approach to “innovation” only seems to be litigation,” said Abhijit Bhattacharya, OmniActive’s president.
“As an innovator, OmniActive strongly believes in the intellectual property rights of others, and brings novel, science-based concepts to the industry. Kemin’s ITC lawsuit is no different than the NJ proceeding already initiated by OmniActive in August, and affords OmniActive another forum to prove the very same points of our lawsuit and to establish the rightness of our position,” continued Bhattacharya. “OmniActive recently shared the progress of our innovation and original research at Supply Side West– the industry’s premier event – with a special blue light display presentation at SSW-Center Stage in the session “What’s the Buzz on Innovation, on October 6, 2016.” Further, customers were actively engaged in discussions around our new, consumer-relevant clinical findings in healthy populations – including healthy visual function with or without specific long duration exposure to digital screens and other blue light sources. OmniActive firmly stands behind our products, our customers and our marketing campaigns backed by science, and we continue to reject Kemin’s unfounded allegations of infringement.”
OmniActive’s “What’s Your B.L.U.E.?™ campaign – an integral part of Lutein For Every Age™ –educates consumers, industry and professionals 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 at the same 5:1 ratio as found in nature to optimally support eye health. OmniActive is engaged in a robust clinical program for Lutemax® 2020 to support the numerous benefits of macular carotenoids in different age groups of healthy populations, including LAMA (Lutein, Vision and Mental Acuity) I&II and B.L.U.E. studies, the latter a groundbreaking human study investigating the impact of macular carotenoids supplementation on very specific measures of visual function and other health impacts in healthy subjects with long-duration exposure to digital screens and other blue light sources.
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.