Litigation |
NOTE 6: LITIGATION
Patent Infringement Litigation
Mannatech, Inc. v. K.Y.C. Inc. d/b/a Techmedica Health Inc., Triton Nutra, Inc., Ionx Holdings, Inc., and John Does 1-30, Case No. 3-06-CV-0471-BD (N.D. Tex.)
The Company filed a patent infringement lawsuit against K.Y.C. Inc. d/b/a Techmedica Health, Inc. (Techmedica), Triton Nutra, Inc., Ionx Holdings, Inc. (Ionx), and John Does 1-30, pending in the United States District Court of the Northern District of Texas, Dallas Division. The lawsuit alleges the defendants infringed United States Patent Nos. 6,929,807, 7,157,431, 7,196,064, 7,199,104, and 7,202,220, all entitled Compositions of Plant Carbohydrates as Dietary Supplements, and seeks to stop the manufacture, offer, and sale of defendants infringing glyconutritional products, as well as cessation of defendants false advertising about our products, including Ambrotose.
On May 5, 2006, the Company initiated the lawsuit against Techmedica, alleging infringement of the 807 Patent. After Techmedica claimed that Triton Nutra manufactured its glyconutritional products, the Company amended its complaint on February 6, 2007 to add Triton Nutra as a defendant, as well as infringement claims related to the newly issued 431 Patent against both Techmedica and Triton Nutra. When Triton Nutra failed to answer the Amended Complaint, the Company requested, and the Clerk of Court entered, default against Triton Nutra on May 3, 2007.
On August 10, 2007, the Court stayed the case pending entry of judgment in the Companys earlier patent infringement suit against Glycoproducts International, Inc. f/k/a Glycobiotics International, Inc. (Glycobiotics). During the stay, on February 28, 2008, a federal grand jury indicted Techmedica Health and its president for violations of federal drug distribution laws, wire and mail fraud, and money laundering. The government is seeking any property derived from these activities, including over $17 million in cash and various real estate and other property. After the indictment, Ionx purchased all of the assets of Techmedica, including its inventory of glyconutritional products, and began selling these products on the internet under the assumed name Micronutra Health.
Following the Companys successful prosecution of its patent infringement suit against Glycobiotics, on July 30, 2008, the Court granted its unopposed motion to lift the stay in this suit. The Company filed its Second Amended Complaint on September 18, 2008, adding Ionx and John Does 1-30 as defendants and infringement claims related to the 064, 104, and 220 Patents, and naming Activive as an additional infringing glyconutritional product. In the Companys preliminary infringement contentions, it identified nine infringing products: Nutratose, Activive, Candidol, Claritose, Lupazol, Respitrol, Rhumatol, Synaptol, and Viratrol. In its deposition on October 10, 2008, Techmedicas corporate representative testified that all nine identified products are comprised of the same encapsulated ingredients.On October 13, 2008, Techmedica and Ionx filed identical answers and counterclaims, which claim that the Companys patents-in-suit are invalid, unenforce |