Mars, Incorporated Strengthening Case Against Natraceutical, S.A.

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Thursday, August 30, 2007

Mars, Incorporated is broadening the scope by adding more patents to show infringement on cocoa polyphenol technology and use in products

McLean, VA, August 30, 2007 – Mars, Incorporated is vigorously pursuing the defense of its world’s leading cocoa flavanol technology and related intellectual property. Mars, Incorporated is strengthening its pursuit by adding more patents to the suit, broadening the scope.

On April 3, 2007, Mars filed a patent infringement lawsuit against Natraceutical, S.A. alleging that Natraceutical’s CocoanOX products infringed Mars patents relating to cocoa polyphenol powders and extracts that may be added to various products to produce certain health benefits. Because detailed information regarding CocoanOX was not publicly available, the lawsuit as filed was limited in scope to a few claims in two patents.

Mars is now confident that Natraceutical is infringing, contributing to and inducing the infringement of several additional Mars’ patents and patent claims. While continuing to vigorously assert the two patents that were asserted in the initial complaint, Mars has decided not to pursue piecemeal litigation approach in the preliminary injunction proceeding. The entire matter will be adjudicated in a single, complete trial in which all relevant patents and claims are involved. Consequently, Mars notified Natraceutical of its intent to amend the complaint and Mars voluntarily withdrew its request for a preliminary injunction. Mars expects that the Court in late September will set a trial date for the case. Mars believes that it will prevail in the case in obtaining both an injunction and damages for patent infringement.

About Mars Center For Cocoa Health Science

For more than 20 years, and based on collaborating with a multidisciplinary group of international experts, Mars, Incorporated has been conducting comprehensive and innovative research with a network of scientific collaborators around the world to advance the understanding of cocoa flavanols and their health benefits for the purpose of improving human health. Building on decades of research in cocoa flavanols, the Mars Center for Cocoa Health Science (MCCHS) was formally established in 2012 as a Center of Excellence to pioneer, capture and share the latest scientific research in the field. MCCHS provides access to more than 20 years of gold standard research, over 140 published peer-reviewed scientific papers, videos, slides and other information that Mars, Incorporated and its collaborators have developed to advance cocoa flavanol understanding. For more information, please visit http://www.marscocoascience.com. Follow us: http://twitter.com/CocoaHealthSci

About Mars, Incorporated

In 1911, Frank C. Mars made the first Mars candies in his Tacoma, Washington kitchen and established Mars’ first roots as a confectionery company. In the 1920s, Forrest E. Mars, Sr. joined his father in business and together they launched the MILKY WAY® bar. In 1932, Forrest, Sr. moved to the United Kingdom with a dream of building a business based on the objective of creating a “mutuality of benefits for all stakeholders” – this objective serves as the foundation of Mars, Incorporated today. Based in McLean, Virginia, Mars has net sales of more than $33 billion, six business segments including Petcare, Chocolate, Wrigley, Food, Drinks, Symbioscience, and more than 75,000 Associates worldwide that are putting its Principles into action to make a difference for people and the planet through its performance.
For more information, please visit www.mars.com. Follow us: http://facebook.com/mars, http://twitter.com/marsglobal, http://youtube.com/mars, http://linkedin.com/company/mars

 

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