Intellectual Property Rights
Pharmalink International Limited to protect actively its New Zealand green-shell mussel oil patents, claims and intellectual property.
Pharmalink International Limited, the manufacturer and owner of the internationally-patented green-shell mussel oil contained in the trademarked products Lyprinol® and Omega XL® has announced that its patent lawyers have been instructed to pursue and, if necessary, bring litigation against any company or person who infringes Pharmalink’s extraction and usage patents or infringes, violates or otherwise misuses its intellectual property.
Pharmalink’s patents cover the manufacturing process using CO2 supercritical fluid extraction and claims related to inhibition of inflammation. The patented anti-inflammatory claims are in respect to breathing, joint and muscle inflammation and the subsequent immobility that is the result of inflammation.
Pharmalink has conducted and sponsored more than 20 clinical trials that substantiated the anti-inflammatory claims. Lyprinol® and OmegaXL® have one of the most exhaustive clinical research pedigrees of any OTC nutraceutical on the market.
Pharmalink International Limited Chairman and Managing Director Robert L. Meyer said that competitors had begun to use Lyprinol® research as evidence to support inferior look-a-like products. This had forced Pharmalink’s board to take steps to protect actively its patents and intellectual property and also to prevent consumers being misled.
Pharmalink International Limited particularly wanted to ensure that OTC contract manufacturers were aware of Pharmalink’s existing patents, so that they could avoid becoming caught in unwanted litigation, Mr Meyer said.
Pharmalink’s patented mussel oil can be recognised easily by the trademark PCSO-524™. Pharmalink’s patented oil is different in composition from any other green-shell mussel powder or oil.
Patents to protect Pharmalink’s intellectual property were filed in dozens of countries during 1998. If you are concerned that you may be infringing or violating green-shell mussel oil patents owned by Pharmalink International Limited unknowingly, please contact Pharmalink International Limited for clarification.
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You should regard with suspicion the attempt or activities of any company, other than Pharmalink Internationnal Limited, to supply you with CO2 supercritical fluid extracted green-shell mussel oil as potentially violative of Pharmalink’s patented intellectual property.
Pharmalink International Limited has received legal advice that if a competitor (including such competitor’s subcontracted or licensed manufacturers, marketers and distributors) were to use Pharmalink’s patents and associated claims to market a different product, these activities would constitute an infringement of Pharmalink’s patents.
Such unauthorised use will be contested vigorously by Pharmalink.
The Pharmalink board has noted the recent increased willingness of superior courts in the United States, Europe and Australasia to protect patent holders whose research work has been used unlawfully and improperly to promote competitor products.
Of particular interest are new powers of the courts to make detailed enquiries of any person involved directly or indirectly in any infringement and to order a full accounting of profits, as well as damages, as happened in the Novogen Laboratories case.
In light of the new approach being taken by the courts, Pharmalink is funding a major expansion of both its prosecution and compliance programs for its Lyprinol® product in selected countries - including those mentioned - and has resumed instructing in-country lawyers on infringements on a case-by-case basis.
Issued by: Pharmalink International Limited
Date: 15 July, 2011
