In addition to any undisclosed monetary settlement, Prakruti has agreed to discontinue any and all future sales of Curcumin
Sabinsa Corporation has successfully concluded its patent infringement lawsuit against Prakruti Products Private. A proposed Final Consent Judgment, agreed by both parties, was submitted to the United States District Court in New Jersey on 18 February.
Prakruti was selling products that infringed Sabinsa’s Curcumin C3 Complex US Patent 5,861,415, which protects compositions, methods of use, and methods of extraction of a nutritional supplement in the US.
In addition to any undisclosed monetary settlement, Prakruti has agreed to discontinue any and all future sales of Curcumin to third party distribution.
The Final Consent Judgment stated that the patent was valid, enforceable, and properly issued by the US Patent and Trademark Office.
Sabinsa has patents related to Curcumin both in the US and Europe. In the US, the company continues to litigate against the infringement of the patent by HerbaKraft, NutriBioLink, and Olive Lifesciences Private. In Germany, Sabinsa continues to litigate a European Curcumin patent infringed by Olive Lifesciences.
Both sides of this suit favoured resolution and came to terms that were more than amicable
'Both sides of this suit favoured resolution and came to terms that were more than amicable, while the agreement also sustains Sabinsa’s Curcumin patent to the highest degree,' said Sabinsa Founder Dr Muhammed Majeed.
'This settlement sends a clear message to all suppliers on foreign soil that Sabinsa is very serious about defending its patents. This win clearly shows that sitting in India while violating our Curcumin patent, does not mean you can escape IP theft consequences. We also see this as a win for our customers and their consumers alike, because the Curcumin C3 Complex brand has been defended and protected.'
'The Final Consent Judgment should serve as a warning to those businesses that trade on Sabinsa's efforts, investments, and innovations,' added James Hulme, Partner at Arent Fox, the attorney who represents Sabinsa in IP infringement matters. 'If you infringe on Sabinsa's intellectual property, you will be called to account in a court of law.'
Because of Sabinsa’s patent other companies can sell a variety of Curcumin products, however, they may not sell copy cat versions of the companys unique composition ratio, nor market it for its antioxidant use, nor use the Ethyl Acetate extraction method developed by Sabinsa and outlined in its patent.