Mars Defense of Flavanol Patent Portfolio Successful

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Thursday, September 30, 2010

Mars, Incorporated has successfully defended its cocoa flavanol patent portfolio in a recent lawsuit against flavanol extract supplier Naturex, maker of the CocoActiv product, and against flavanol supplement manufacturers Nutraceutical Corp., seller of Solaray™ products, and Life Extension Foundation, seller of Cocoa Gold™ products. A suit was filed in the US District Court in Alexandria, VA against these companies earlier this year for infringement of nine cocoa flavanol related US patents owned by Mars. These companies have agreed that these patents are valid and enforceable and they each will stop further sales and uses of the products that were accused of infringement in the lawsuit.

Mars uses the patented Cocoapro® process to make Cirku™ cocoa flavanol supplement products. For nearly two decades, Mars has been studying the process of measuring and maximizing the retention of cocoa flavanols and uncovering their related health benefits, resulting in over 100 scientific publications and a broad patent portfolio. This suit is consistent with the long-standing commitment at Mars to vigorously protect its intellectual property.