OmniActive Takes Steps to Consolidate Action Around Litigation
On November 2, 2016, the U.S. International Trade Commission (ITC) instituted a case between OmniActive Health Technologies (OmniActive) and Kemin Industries, Inc. (Kemin), based on a complaint for patent infringement filed by Kemin. The ITC’s institution decision does not reflect any finding on the merits of the allegations, rather it merely indicates that Kemin was in compliance with the ITC’s basic procedural requirements for filing a complaint. Kemin’s suit responded to OmniActive’s own Declaratory Judgment suit filed against Kemin in August, 2016 in New Jersey Federal District Court 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 initiated these proceedings 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. As both the ITC and New Jersey District Courts are reviewing the same patents, and the ITC is typically a more expedient process, OmniActive has now requested a stay in the New Jersey District Court in order to conserve judicial resources.
“As we previously stated, Kemin’s ITC lawsuit is no different than the NJ proceeding already initiated by OmniActive in August. We believe it is prudent to focus our efforts on the tribunal that operates on a faster track, namely the ITC. We look forward to the ITC proceedings to prove the very same points of our lawsuit and to establish the correctness of our position,” said Abhijit Bhattacharya, OmniActive’s president. “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.”
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.