Novogen flexes patent muscles

Novogen’s US-based licensee The Solae Company has filed patent infringement suits against two of America’s biggest dietary and health supplement makers.

Solae, which has the clout of DuPont and Bunge behind it, is asserting the use of certain isoflavones infringes Novogen’s patent rights for the treatment of menopausal symptoms. The companies cited, agbio and cereal giant Archer Daniel Midland Company, and nutraceutical and fitness company Amerifit Nutrition Inc, both use isoflavones in the dietary market.

“What is happening is that Solae is flexing our muscles for us and taking on these big companies for alleged (infringements of) our patent,” said Novogen managing director Christopher Naughton. Novogen US patents have been granted following an extensive isoflavone clinical testing program, and the development of the company’s own strains of red clover with specific isoflavones ratios for use in its products. “At this stage we are leaving the pursuit of the case to Solae, but we are keeping the option open as to whether or not we join in on it,” added Naughton.

Naughton was unable to give a ball-park figure for the amount of damages sought in the suits, but noted that the two companies made up what he described as “a significant part” of the overall US isoflavone business.

“Both these companies are major players in this market, in both the ingredient and the product areas,” he asserted.

Despite the coyness of commentators, the proceedings – due to start this week – are likely to see figures in the millions being sought as redress for the alleged infringements.