Jury Validates Key Mannatech Technology Patents Involving Its Ambrotose (R) Glyconutrient Products
COPPELL, Texas -- Mannatech, Incorporated (NASDAQ:MTEX) a leading developer and provider of dietary supplements and skin care solutions, today announced that a federal court jury in the Northern District of Texas found that Glycoproducts International Inc. had committed infringement of Mannatech's patent and trademark relating to Ambrotose (R).
The jury found Glycoproducts International Inc. had committed patent infringement on Mannatech's U.S. Patent No. 7,157,431. The jury found that this infringement was willful, and also ruled in favor of Mannatech on all patent validity issues presented to the jury. In addition, the jury ruled in favor of Mannatech relative to trademark infringement claims made in the case. Based on these rulings, Mannatech will also be pursuing an immediate injunction prohibiting Glycoproducts International Inc. from further engaging in the production, distribution and sale of its Glycomannan product, as well as the reimbursement of Mannatech's legal fees on this matter.
"We are extremely pleased by these outcomes and will continue to vigorously defend our technology and cutting-edge research and development in the groundbreaking field of glyconutrients," said Terry Persinger, president and CEO of Mannatech. "With 45 registered patents, five in the U.S. and 40 more internationally, and an additional 85 patents pending worldwide, we believe these favorable rulings reinforce our leadership position as a developer and provider of high-quality nutritional supplements."
The case stems from a suit filed by Mannatech in March 2006 against Glycoproducts International, formerly Glycobiotics International Inc., asserting that the company infringed on certain Mannatech Ambrotose patents originally issued in 2005 and 2007.
"A company's ability to stop patent infringement requires not only the issuance of a patent, but also a favorable court interpretation of the patent and a defense of its validity," said Keith Clark, general counsel at Mannatech. "This decision, coupled with the company's successful outcomes in the Markman hearing rulings last year, paves the way for protecting these critical Mannatech technology patents moving forward."
The verdict was delivered on Friday, May 9, 2008, in the U.S. District Court for the Northern District of Texas, Dallas Division. Jurors reached their decision following five days of testimony before Federal Magistrate Jeff Kaplan.
Mannatech was represented by Lynn Tillotson & Pinker, LLP attorneys Eric W. Pinker, P.C., Mark E. Turk, Renee S. Strickland and Britta Erin Stanton as well as Chalker Flores, LLP attorneys Edwin Flores, Daniel J. Chalker and Scott A. Meyer.
Please Note: This release contains "forward-looking statements" within the meaning of Section 27A of the Securities Act of 1933, as amended, Section 21E of the Securities Exchange Act of 1934, as amended, and the Private Securities Litigation Reform Act of 1995. These forward-looking statements generally can be identified by use of phrases or terminology such as "intend" or other similar words or the negative of such terminology. Similarly, descriptions of Mannatech's objectives, strategies, plans, goals or targets contained herein are also considered forward-looking statements. Mannatech believes this release should be read in conjunction with all of its filings with the United States Securities and Exchange Commission and cautions its readers that these forward-looking statements are subject to certain events, risks, uncertainties, and other factors. Some of these factors include, among others, Mannatech's inability to attract and retain associates and members, increases in competition, litigation, regulatory changes, and its planned growth into new international markets. Although Mannatech believes that the expectations, statements, and assumptions reflected in these forward-looking statements are reasonable, it cautions readers to always consider all of the risk factors and any other cautionary statements carefully in evaluating each forward-looking statement in this release, as well as those set forth in its latest Annual Report on Form 10-K and Quarterly Report on Form 10-Q, and other filings filed with the United States Securities and Exchange Commission, including its current reports on Form 8-K. All of the forward-looking statements contained herein speak only as of the date of this release.