Sep 14 2007, 10:55 AM EST
News source: Business Wire
Mannatech, Incorporated (NASDAQ: MTEX), a leading developer and provider of dietary supplements and skin care solutions, today announced that the federal court in the Northern District of Texas issued a Markman ruling in the company's favor against Glycobiotics International Inc., in a patent infringement lawsuit based on Mannatech's Ambrotose(R) and Advanced Ambrotose(R) products.
After considering the plain language of the patents, patent prosecution history and briefing and evidence presented by the parties, the Court issued a Markman ruling effectively shutting down Glycobiotics' interpretation. The Court's ruling allows Mannatech to continue to pursue its patent infringement claims against Glycobiotics International Inc., with a trial setting expected for late fall.
Mannatech is currently pursuing two patent infringement lawsuits against Glycobiotics International Inc., and K.Y.C. Inc., d/b/a Techmedica Health Inc. The lawsuits, which are still pending, are in response to several competitors using Mannatech's technology to create and offer copycat products.
"We are encouraged by this ruling that validates our cutting-edge research and development in the ground-breaking field of glyconutrients," said Terry Persinger, president and CEO of Mannatech. "Our domestic and international patents on our formulations for glyconutritional dietary supplements, Ambrotose(R) and Advanced Ambrotose(R), are a result of years of research and development and we plan to continue protecting these patents against infringement. We believe this favorable ruling should govern future disputes concerning the scope and meaning of these specific patents."
Glycobiotics challenged Mannatech's patents by attempting to convince the Court that Mannatech's patents only cover compositions of highly-purified, pharmaceutical-grade individual saccharides. Mannatech vigorously opposed this narrow construction, asserting that the patents' language and history make it clear that the patented compositions cover all-natural dietary supplements and are not limited to formulas of individual, pharmaceutical-grade ingredients.
About Mannatech
Mannatech, Incorporated is a global wellness solutions provider of innovative, high-quality, proprietary nutritional supplements, topical and skin care products, and weight management products sold through independent associates and members located in the United States and the international markets of Canada, Australia, the United Kingdom, Japan, New Zealand, the Republic of Korea, Taiwan, Denmark, and Germany.
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 a
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