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Mission Pharmacal settles patent suit against PureTek Corp.
October 16, 2013

By W. Scott Bailey, San Antonio Business Journal

Mission Pharmacal has settled its patent-infringement lawsuit against PureTek Corp.

The U.S. District Court for the Western District of Texas has entered a consent judgment, ruling that PureTek's RE OB+DHA and PNV OB +DHA prenatal vitamins infringe on San Antonio-based Mission Pharmacal's ‘247 patent.

As a result, according to the court document, PureTek "shall not make, use, sell, offer to sell or distribute RE OB+DHA or PNV OB +DHA before the natural expiration of the ‘247 patent," unless licensed by Mission Pharmacal to do so.

"Mission Pharmacal has successfully asserted the dual-iron (‘247) patent used in its popular CitraNatal family of prenatal vitamins ... ," says the company's general counsel, Lee Cusenbary. "The U.S. Patent and Trademark Office confirmed the validity of the ‘247 patent during a re-examination, and this ruling reconfirms that validity."

Each company has agreed to pay their own attorney fees.

This is the second time Mission Pharmacal has successfully asserted this patent, says CitraNatal Senior Product Manager Nancy Price. In 2010, another manufacturer agreed that it had violated the patent and took its product off the market.

"We have successfully asserted the ‘247 patent in the past, and will continue to protect the patented formulation incorporated in CitraNatal Assure, CitraNatal 90 DHA and CitraNatal B-Calm, as well as Mission's Ferralet 90 prescription iron supplement, with equal vigor against any generic intrusion," Cusenbary says.


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