Mars Announces Intent To Protect Flavanol Patent Portfolio

Posted by Josette Dunn on 21st April 2010

Mars, Incorporated has announced that it has filed a lawsuit against cocoa flavanol extract supplier Naturex, makers of the Cocoactiv product, and against cocoa flavanol supplement manufacturers Nutraceuticals (makers of the Solaray products) and Life Extension Foundation (makers of the Cocoa Gold products) for infringement of nine US patents owned by Mars.

The suit was filed in the US District Court in Alexandria, VA and requests that an injunction be granted to stop infringing sales and the promotion of the supplements for patented uses.

Mars is the maker of CirkuHealthTM brand cocoa flavanol supplement products. For nearly two decades, Mars has been studying the process of measuring and maximizing the retention of cocoa flavanols and uncovering their related health benefits, resulting in over 100 scientific publications and a broad patent portfolio.

Mars Incorporated and Barry Callebaut AG announced in February this year a cross-industry partnership to promote the health benefits of cocoa flavanols.  Using Mars’ patented Cocoapro process, flavanols (usually destroyed by the manufacturing process) can be preserved in chocolate and other cocoa products.

This suit is consistent with the long-standing commitment at Mars to vigorously enforce its patent portfolio .