Unigen Announces Settlement in Patent Infringement Case Against Leiner Health Products, LLC and Safeway Inc.

Lacey, WA − Unigen Pharmaceuticals, Inc., a leading research and development company of proprietary, biologically-active, plant-derived ingredients announced it had settled a case, brought in US District Court in Seattle, alleging Leiner Health Products and Safeway had violated patents Unigen holds on products containing the ingredients scutellaria and acacia catechu, that it produces on an exclusive basis in the food, drug and mass market for one of its licensees.

Leiner, a company that manufactures private label nutritional products for major retailers such as Safeway, Longs Drugs and Albertson’s, used scutellaria and acacia catechu to create an advanced glucosamine and chondroitin joint care product it then sold to major retail customers under the trade name BONES AND JOINTS Advanced Triple Strength Formula, or a related name. Schiff Nutrition, maker of Move Free® Advanced, is the only authorized licensee of Unigen’s patented scutellaria and acacia catechu ingredients in the food, drug and mass markets, including club stores.

In settling the case, Leiner admitted the validity of the Unigen patents and agreed not to sell any products containing the ingredients scutellaria and acacia catechu while the Unigen patents are in force, unless it were to receive a license to do so from Unigen.

Following the settlement of the case, Unigen’s Executive Vice President and General Counsel, Thomas J. Hoolihan, commented, “Unigen spends millions of dollars on research and development and on securing patents for its proprietary ingredients. 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.”