Imagenetix Vs. NIKKEN – Attempt To Invalidate Patent Fails
Imagenetix, Inc. IAGXQ -33.33% , announced today that the Board of Appeals for the United States Patent & Trade Office (USPTO) rejected NIKKEN's effort to invalidate Imagenetix's patent no. 5,569,676 and issued a decision confirming the validity of the patent.
On November 27, 2013, Imagenetix requested that its case against NIKKEN be reinstated. In this suit, which was originally filed on April 29, 2011, Imagenetix seeks damages for NIKKEN's willful infringement of Imagenetix's patent.
In response to Imagenetix's lawsuit, NIKKEN sought for the USPTO to invalidate Imagenetix's patent through the agency's re-examination process. Following a patent examiner's initial determination of the patent, NIKKEN prematurely–and incorrectly–issued a press release (on January 12, 2012) stating the following:
The United States Patent Office (USPTO) re-examined Imagenetix's patent No. 5,569,676 and rendered its final decision, rejecting Imagenetix's patent claim.
Now that the USPTO has issued its final decision confirming the validity of the patent, NIKKEN has not yet issued a correcting press release notifying its distributors or others of the agency's decision.
William P. Spencer, President of Imagenetix, stated:
I am delighted that the USPTO confirmed the validity of Imagenetix's patent. We were always confident in the merits of our patent, and we will continue to actively prosecute ongoing infringement of the patent.
Based in San Diego, California, is an innovator of scientifically tested, natural-based, proprietary, bioceutical products developed to enhance human health on a global basis. Imagenetix develops and formulates proprietary over-the-counter topical creams, skincare products and nutritional supplements to be marketed globally through multiple channels of distribution. In addition, the company develops patentable compounds for entering into licensing agreements with pharmaceutical partners.
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