Lonza and Nutraceutical Settle over Carnitine Claims
In March of 2004, Nutraceutical filed a declaratory judgment action against Lonza with respect to the 376 Patent. Lonza counterclaimed against Nutraceutical for infringement of its patent rights.
22/06/05 Lonza Ltd., a subsidiary of the Lonza Group, and Nutraceutical Corporation settled litigation pending in the District Court for the Central District of Utah involving Lonza’s U.S. Patent No. 5,073,376 (the “‘376 Patent”), entitled “Preparations Containing L-Carnitine.
L-Carnitine is a nutrient benefical for weight loss, athletic performance and general cardiovascular health. In March of 2004, Nutraceutical filed a declaratory judgment action against Lonza with respect to the 376 Patent. Lonza counterclaimed against Nutraceutical for infringement of its patent rights.
As part of the settlement, Nutraceutical and Lonza each agreed to dismiss their claims against the other. Nutraceutical agreed to the settlement to reduce its costs of litigation and has agreed to pay an undisclosed sum and purchase all of its requirements for L-Carnitine L-Tartrate in the United States from Lonza Inc., the exclusive distributor of L-Carnitine L-Tartrate in the United States. Nutraceutical intends to seek indemnification for the settlement from its suppliers of L-Carnitine L-Tartrate and some have already agreed to contribute.
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