Eric Pinker, Mark Turk and Renee Strickland Validate Patent Infringment on Behalf of Mannatech, Inc.
Mannatech, Incorporated (NASDAQ: MTEX - News), a global pioneer in the development of high-quality health, weight and fitness and skin care solutions based on nutritional science, obtained a Final Judgment and Permanent Injunction in its lawsuit against Techmedica Health (Techmedica), and Ionx Holdings (Ionx) prohibiting them from the manufacture, use or sale of products infringing Mannatech's patents and requiring them to pay Mannatech $250,000 in damages.
In May 2006, Mannatech filed a lawsuit against Techmedica and Ionx in the United States District Court for the Northern District of Texas, Dallas Division alleging infringement of Mannatech's patents (U.S. Patents 6,929,807; 7,157,431; 7,196,064; 7,199,104; and 7,202,220).1 The parties recently agreed to settle this case and, pursuant to their agreement, United States District Judge Solis entered his Final Judgment and Permanent Injunction.
"This judgment further validates that our patents are good, valid and enforceable under law, and that Mannatech will vigorously enforce its rights under these patents,” said Keith Clark, Mannatech executive vice president and chief legal officer. Mannatech was represented by Eric Pinker, Mark Turk and Renee Strickland, with the Dallas-based litigation firm of Lynn Tillotson Pinker & Cox, LLP.
The final judgment includes findings that Mannatech's patents are "valid and enforceable” and infringed by Techmedica and Ionx. Additionally, it includes a broad injunction that prohibits Techmedica and Ionx from "making, using, offering to sell, selling, or otherwise distributing within the United States, or importing into the United States, infringing products, which include the current formulations of Activive®, Candidol®, Claritose®, Lupazol®, Nutratose®, Respitrol®, Rhumatol®, Synaptol® and Viratrol®, as well as any other products that infringe the patents in suit” and further awards Mannatech damages of $250,000.
The settlement with Ionx and Techmedica comes on the heels of several rulings in the lawsuit favorably construing Mannatech's patents, and is the latest in a series of cases in which Mannatech has obtained injunctions preventing companies from infringing on Mannatech's patents.
1 Case 3:06-cv-0813, U.S. District Court, Northern District of Texas, Dallas Division, Filed May 5, 2006.
Mannatech has distinguished itself in the emerging glyconutrients market through the development of Ambrotose® complex, the technology for which it holds more than 45 patents in 30 countries. Glyconutrients are dietary ingredients containing beneficial amounts of carbohydrates which are believed to represent a new category of untapped vital nutrients for proper nutrition.
In addition, many of Mannatech's products are based on Real Food TechnologySM solutions, which provide consumers with products that contain standardized levels of natural and plant-sourced nutrients at nutritionally effective levels. Food-sourced ingredients are chosen from those scientifically proven to most benefit the human body. Mannatech offers the best alternative to synthetic vitamin and mineral products and so-called "super-juice” products.
Mannatech, Incorporated develops high-quality health, weight and fitness, and skin care products that are based on the solid foundation of nutritional science and development standards. These proprietary products are available through independent sales Associates around the globe including the United States, Canada, South Africa, Australia, New Zealand, Austria, Denmark, Germany, Norway, Sweden, the Netherlands, the United Kingdom, Japan, Taiwan, Singapore and the Republic of Korea.
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.