For the first time, a foreign company engaging in alleged Intellectual Property (IP) theft at a dietary supplements industry trade show has been stopped in its tracks.
Sabinsa Corporation, known for vigorously protecting its IP, obtained an emergency injunction from the United States District Court against Alchem International, Ltd. when it was observed that the company was offering to sell products which infringed upon two of Sabinsa’s patented ingredients, ForsLean® and Bioperine®, at SupplySide East in Secaucus NJ.
According to Mark C. Sysler, Sabinsa’s Sr. EVP for Marketing and Sales, defending a company’s Intellectual Property against some foreign patent infringers is a struggle. These companies will attend or exhibit at a trade show, offer to sell ingredients that are protected by a US patent, and leave the country before action can be taken by the patent holder. They then follow up on those leads from overseas and it is difficult to pursue legal action against them.
In this case, Sysler went before US district Judge Pisano on Tuesday May 6, 2003, just after the trade show opened. The judge issued a temporary order restraining Alchem from "1. Infringing Sabinsa ‘s United States patent no. 5,804,596 either directly, contributorily or by inducement, by importing, using, making, selling or offering to sell any coleus forskohlii extract in a concentration of 3% or greater, specifically including any sale, advertising, promotion, display or mention of the products at the Supply Side East trade show presently taking place at the Meadowlands Exposition center in Secaucus New Jersey
2. from infringing Sabinsa ‘s United States patent no. 5,972,382 either directly, contributorily or by inducement, by importing, using, making, selling or offering to sell any piperine extract from black pepper in any concentration, specifically including any sale, advertising, promotion, display or mention of the products at the Supply Side East trade show presently taking place at the Meadowlands Exposition center in Secaucus New Jersey."
