The deed was signed between the two parties in April this year, preventing further legal action.
In December 2011, the Singapore-based pharmaceutical specialist sought an injunction and damages against Aroma NZ for the violation of Pharmalink’s production patent for its CO2 supercritically extracted Perna canaliculus mussel oil (PCSO-524). The firm globally markets the products under the trademarks Lyprinol and OmegaXL.
Pharmalink demanded that Aroma cease ‘unlawfully using and infringing the patent technology’, ‘contacting Lyrpinol distributors in various countries and offering them Aroma’s mussel product contrary to the patents’ and ‘falsely claiming the Aroma mussel product had the same therapeutic benefits and was a legitimate substitute’.
John Waitzer, director of Pharmalink, said that lawyers were engaged at the end of August 2011.
“Aroma NZ have been selling and promoting oil for over three years which infringed our patent. This was discovered after some time and is the reason why Pharmalink took the action,” Waitzer told FoodNavigator-Asia.
“All industries have competitors but when competitors use ones research and registered intellectual property (IP) this is not really competition,” he said.
Ben S Winters, director of Aroma NZ, said, “we are aware there are patents in 18 different countries for the green shell mussel oil.”
“As the green shell mussel oil is only a small part of our business, our main focus is on our GlycOmega-PLUS green shell mussel powder,” Winters detailed.
In the out of court deed, Aroma NZ undertook to cease directly or indirectly:
. Interfering with Pharmalink’s customers or any contractual relations those customers have with third-part PCSO-524 (Lyprinol) mussel oil resellers
. Making representations that Aroma can supply green-liupped mussel oil to existing Lyprinol and OmegaXL distributors or suppliers
. Infringing the patents applicable to the production and usage of PCSO-524
. Exporting Aroma’s mussel oil product or any other green-lipped mussel oil product made by a liquefied carbon dioxide supercritical extraction process in any jurisdiction for which Pharmalink holds a patent