Chromium supplement maker Nutrition 21 and L-carnitine specialist Lonza announced that they have settled the patent infringement action against Lonza on mutually satisfactory terms. The infringement action concerned Nutrition 21's US Patent No. 5,087,623 covering the use of chromium picolinate for reducing hyperglycemia and stabilizing serum glucose.
As part of the settlement, Nutrition 21 has granted Lonza the right to continue to use and sell combinations of chromium picolinate and L-carnitine (e.g., Carnichrome) for all phases of swine feed applications. No other rights were granted to Lonza to sell chromium picolinate alone or in other combinations for human or other animal applications, markets presently served by Nutrition 21, and its Chromax chromium picolinate licensees and distributors.
Both companies confirmed their satisfaction with the agreement. Gail Montgomery, president and CEO of Nutrition 21, said: "We are pleased to have granted rights to Lonza under one of our most important patents and believe the settlement will be of benefit to both companies."
Reto Rieder, global director for Nutrition Products for Lonza, added: "By recognizing the validity of the patent and entering into an agreement with Nutrition 21, we believe that Lonza's proprietary position, which presently includes both patent and trademark rights on combinations of L-carnitine and chromium picolinate for swine feed applications, will be strengthened."Lonza has been involved in a number of lawsuits recently to protect its patents. The company recently announced job cuts and a major restructuring program to help counter the effects of current market conditions on its business. Nutrition 21 also reported lower third quarter results last week, compared to the previous year.