The research and development company brought the case to the US District Court in Seattle. Unigen claimed Leiner and Safeway had violated Unigen patents for the ingredients that it is authorized to supply on an exclusive basis for functional foods.

Patent disputes like this one can validate years of research and development for a company, as well as the merit of obtaining a patent.

"Unigen spends millions of dollars on research and development and on securing patents for its proprietary ingredients," said Unigen's executive vice president and general counsel, Thomas Hoolihan. "It is vital that our exclusive licensees have confidence that we will stand behind our intellectual property and will aggressively defend our patents for ourselves and for the benefit of our clients."

Unigen holds use patents for both acacia catechu and the flavonoids from Chinese Skullcap (scutellaria baicalensis) for joint health and osteoarthritis. Both ingredients feature in the company's branded Univestin for joint health.

The company was awarded the patent for the use of free-b-ring flavonoids from Chinese Skullcap in January, while it already held the use patent on the acacia species flavans for joint health - as well as patents covering the flavans' use as a to modulate COX/LOX mediated inflammatory conditions.

According to Unigen, Leiner used scutellaria and acacia catechu to create an advanced glucosamine and chondroitin joint care product. This product was distributed to retailers under names such as Bones and Joints and Advanced Triple Strength Formula.

However, Unigen claims the maker of the product Move Free Advance - Schiff Nutrition - is the only company authorized to use scutellaria and acacia catechu in the food, drug and mass markets.

Based in Lacey, Washington and in Korea, Unigen studies plant extracts at the gene level in order to gain an understanding as to how they affect gene expression. The company is dedicated to the discovery of botanically derived therapeutic compounds for use in nutraceutical, functional food, cosmeceutical and pharmaceutical products.

Along with Aloecorp, Unigen exists under the umbrella of the Korean-owned Econet companies.

The Econet companies recently announced an ambitious 100-year plan for growth, and suggested it is laying the groundwork for in the next four or so years, when it anticipates more ingredients will emerge from its development pipeline for market.