Re: M*******h Sues Glycobiotics For Patent Infringement

bamboo1,

You are correct that patent infringement is very complicated and you are also correct in as much that M*******h does not have a patent on the individual components. What M*******h has is referred to as a Composition of Matter Patent which in it's simplest terms means a new item from combining certain components. In other words you can't patent components A,B,C,D,E,F but the combination of these creates a new product called G.

The fact that Glycobiotics has admitted that their product contains A,B,C,D,E,F would in fact constitute an infringement. They admit it in their comparison. Not really sure how to get around it. That would be like me finding out the exact ingredients for Coca Cola and putting them together but calling it Coca Pop, just changing the name will not protect you. Coca Cola as well as M*******h has the intellectual rights to their recipe for their product.

If you would like to read the actual patent as I have you can find it at the United States Patent and Trademark site at:
http://patft.uspto.gov/netacgi/nph-Parser?Sect1=PTO1&Sect2=HITOFF&d=PALL&p=1&...

I guess time will tell but my money is on M*******h. I mean whats the use of having a patent if another company can come behind you and use the exact same components as you, list them and refer to the patent as their source. Sounds kind of open and shut to me.

Rick