Monday, April 1, 2013

Himalayan Institute Sued by Xlear over Nasal Sprays

Plaintiff: Xlear Inc. and Jones Bozeman Family Limited Partnership (JBFLP)

Defendant: Himalayan International Institute of Yoga Science and Philosophy of the USA

Case Number: 2:13-cv-00230

Case Type: Patent Infringement

Court: Utah District Court

Patents-in-Suit: US6054143 and US6258372
Patent Number
Current Assignee[1]
Issue Date
Expiration Date[2]
Jones Bozeman Family Limited Partnership
Apr 25, 2000
Dec 23, 2018
Xylitol delivery
Jones Bozeman Family Limited Partnership
Jul 10, 2001
Dec 23, 2018
Xylitol nose spray
Source: MaxVal’s Assignment Database

As per complaint:
Xlear is the exclusive licensee of the ‘143 and ‘372 patents. It is said that Dr. Jones, the inventor of the ‘143 and ‘372 patents, began his research on the effects of Xylitol in response to his granddaughter’s frequently recurring earaches. He recognized that many infections causing bacteria enter through the nose due to which upper respiratory infections including Otitis media, asthma, sinusitis and allergies are caused. Dr. Jones discovered that Xylitol administered through the nose would have a preventative effect on a variety of upper respiratory infections. Xlear nasal washes and sprays incorporating the patented technology were marketed.

Xlear alleges that defendant via their website ( sells nasal sprays containing Xylitol with the same ingredients as claimed in the patented technology and thus infringes the above said patents. 

Other cases filed:
The cases filed by JBFLP are as follows:

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[1] MaxVal offers Patent Assignment Alert service where subscribers receive email alerts when assignments relating to target applications, patents or entities of interest are recorded.
[2] 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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