On Thursday, November 01, 2012, Nutramax Laboratories (plaintiff) launched a suit against Oxis International (defendant) for patent infringement in the U.S. District Court of Maryland (case no. 1:12-cv-03200).


Nutramax Laboratories manufactures and markets nutritional supplement intended for animals and humans. Oxis is engaged in the research and development of products that counteract the harmful effects of “oxidative stress.”

The patent US6451771 involved in this suit is currently assigned[*]to Nutramax Laboratories (source: MaxVal’s Assignment Database). The patent entitled Use of Anabolic Agents Anti-Catabolic Agents and Antioxidant Agents for Protection Treatment and Repair of Connective Tissues in Humans and Animals was issued on September 17, 2002 and expires[†] on February 12, 2019.

According to the complaint, the defendant’s product ErgoFlex™ (the Accused Product) allegedly infringes the ‘771 patent. ErgoFlex (as shown in Fig. 1) targets and relieves oxidative stress, which oftentimes is the underlying cause of joint ailments. It also provides a suite of extensively researched natural ingredients that help maintain the structural integrity of joints and relieve pain. It is advertised by Oxis as “the first Joint Health Complex, featuring EGT™ (99% Pure L-Ergothioneine), a powerful antioxidant with anti-inflammatory properties that increases joint mobility and flexibility, reduce chronic joint pain, and promote healthy cartilage and lower inflammation”. Each capsule of ErgoFlex™ includes 500 mg of Glucosamine Sulfate and 250 mcg of L-Ergothioneine, the same ingredients that are covered by the ‘771 Patent.


Fig.1: ErgoFlex

The plaintiff in the past has filed suit against the companies listed below:

Company

Case No.

Date Filed

Status

Garmon Corporation

09/20/2012

Pending

Vets Plus, Inc.

01/31/2012

Voluntary Dismissal

Bioprosper Labs, LLC

06/21/2011

Voluntary Dismissal

HorseTech, Inc.

11/30/2009

Pending

Jason Theodosakis

04/07/2008

Pending

Genesis Today, Inc.

02/26/2008

Pending

Platinum Performance, Inc.

12/14/2007

Voluntary Dismissal

Healthy Directions, LLC

04/06/2007

Dismissal without prejudice

LabelClick, Inc.

05/20/2005

Dismissal without prejudice

Pharmavite, LLC

04/27/2005

Pending

Pharmavite, LLC

12/10/2004

Pending

For more details, visit MaxVal-IP and subscribe to our Litigation Alerts.




[*]MaxVal offers Patent Assignment Alert service where subscribers receive email alerts when assignments relating to target applications, patents or entities of interest are recorded.

[†]Expected expiration date. Patent Term Estimator is a free web-based tool that automatically calculates patent terms and expiration dates for U.S. utility patents.

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Tags: Alerts, Assignment, Estimator, International, Litigation, Maxval, Nutramax, Oxis, Patent, Term, More…laboratories

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