Cargill and Hygieia/TSI Dispute Resolved
Joint Statement
April 14, 2009
Cargill, Incorporated ("Cargill"), Hygieia Health Co., Ltd. ("Hygieia"), and Hygieia's U.S. affiliate, TSI Health Sciences, Inc. ("TSI") (collectively "Hygieia-TSI") jointly announced that they have resolved pending disputes in the International Trade Commission and New Jersey district court over Cargill's patented technology for producing non-shellfish (vegan) glucosamine. While Hygieia-TSI do not acknowledge any liability to Cargill, Hygieia-TSI have licensed Cargill's U.S. patent No 7, 049,433 (the '433 Patent) and agreed that the patent is valid and enforceable. The parties' agreements also resolve potential disputes over the invention described in the '433 Patent internationally.
Under Hygieia-TSI's license to the '433 Patent, Hygieia-TSI is precluded from selling for importation, importing or marketing non-shellfish glucosamine in the United States and Canada for a period of three years. Thereafter, subject to other terms and conditions of the agreements, the license permits Hygieia-TSI to import and sell agreed quantities of non-shellfish glucosamine in the United States and Canada.
Outside the United States and Canada, Hygieia-TSI has the right to sell non-shellfish glucosamine without time or volume limitations, and Cargill has agreed not to assert its foreign patents (and patents that may arise from pending patent applications) that parallel the '433 patent against Hygieia-TSI and its affiliates, with the exception of Cargill's Brazilian patent application, to which all parties have reserved their rights.
Other terms of the parties' agreements remain confidential.
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