By Robert Dailey --
Norwegian biotech Natural ASA has settled its patent infringement suit against ArkoPharma involving conjugated linoleic acid (CLA), a dietary supplement thought to reduce body fat. Natural markets its CLA product in the U.S. under the trademark Tonalin®. (A month's supply of Tonalin® gel capsules sells for about $25.)
Natural ASA is the exclusive licensee of two WARF-owned patents: U.S. Patent Nos. 5,554,646 and 5,814,663. Both patents cover methods of using CLA to reduce and/or maintain body fat in humans. ArkoPharma had begun selling CLA-containing dietary products in the U.S. without seeking a license from Natural ASA (or Natural's downstream licensees). Therefore, Natural filed suit last summer in federal district court in Madison, Wisconsin. Under the settlement agreement, ArkoPharma will begin purchasing its CLA from Natural's licensees (in addition to paying damages for past infringement).
The settlement spells good news for those holding CLA patent portfolios. The Tonalin® products have become a popular dietary supplement in the U.S. and Europe. Natural's dominance in this market is sure to continue. Furthermore, this result should bode well for U.S.-based PharmaNutrients, which is planning to introduce a CLA formulation that reduces atheriosclerotic plaque.
Additional information regarding the settlement can be found here and here.
Robert Dailey, Ph.D., is a physical chemist and regular Patent Docs contributor. Dr. Dailey, who recently completed his studies at the University of North Carolina School of Law and passed the patent registration exam, will be joining MBHB this fall.
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