Sabinsa and DNP legal battle finalized

By staff reporter

- Last updated on GMT

A patent dispute between Sabinsa Corporation and DNP International
looks to have been finalized, with the latter allegedly
announcing it will cease marketing the ingredients in question.

Sabinsa had taken legal action against DNP - accusing the company of unlawfully marketing and distributing piperine and coleus forskohlii for uses Sabinsa researched and patented in the late 1990s. The issue of intellectual property is possibly the most contentious one in the dietary supplement industry, because it represents a sizeable investment in research and development that in turn is supposed to translate into exclusive sales. "We invest significant amounts of money each year into research to develop products that can be safely and confidently used by the nutritional supplement industry,"​ Dr. Muhammed Majeed, founder and CEO of Sabinsa said "Intellectual property allows us to bring the fruits of this research to the marketplace." ​ A final judgment was entered in the United States District Court in New Jersey on June 27 over the two patents in question. Sabinsa had filed suit against DNP for infringement of Sabinsa's patents for use of its BioPerine black pepper extract and ForsLean coleus forskohlii - US Patents 5,972,382 and 5,804,596 respectively. The final judgment has allegedly fallen in favor of Sabinsa, stipulating that both patents were valid and that DNP is to stop selling or marketing both ingredients in the US. Bioperine is a standardized black pepper extract that contains 95 percent of piperine, which is said to bind to so-called Transient Receptor Potential Vanilloid (TRPV1) receptors in the brain and other parts of the nervous system. This triggers metabolic processes favoring the flow of nutrients in the body. Sabinsa's Bioperine is used in dietary supplements to enhance the bioavailability of nutrients. In February, the US- and India-based company claimed production of black pepper in major exporting countries had decreased and was subsequently pushing its prices for the ingredient up. ForsLean also has uses for enhancing metabolic processes. It is standardized to ten percent forskolin, an adenylate cyclase enzyme activator. Sabinsa markets ForsLean for promoting fat loss and promoting weight loss. Sabinsa claims to have brought more than 50 standardized botanical extracts to market. The company employs over 100 scientists who conduct ongoing research in India and the United States, in order to develop and patent more phytonutrient.

Related topics: Regulation

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