Nutramax Hits Oxis over ErgoFlex

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	1:12-cv-02820	09/20/2012	Pending
Vets Plus, Inc.	1:12-cv-00300	01/31/2012	Voluntary Dismissal
Bioprosper Labs, LLC	1:11-cv-01699	06/21/2011	Voluntary Dismissal
HorseTech, Inc.	1:09-cv-03181	11/30/2009	Pending
Jason Theodosakis	1:08-cv-00879	04/07/2008	Pending
Genesis Today, Inc.	1:08-cv-00520	02/26/2008	Pending
Platinum Performance, Inc.	1:07-cv-03348	12/14/2007	Voluntary Dismissal
Healthy Directions, LLC	1:2007cv00882	04/06/2007	Dismissal without prejudice
LabelClick, Inc.	1:2005cv01395	05/20/2005	Dismissal without prejudice
Pharmavite, LLC	1:2005cv01137	04/27/2005	Pending
Pharmavite, LLC	1:2004cv03886	12/10/2004	Pending

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[*]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.