Thorne Research and Softgel Formulators v. XYMOGEN


Orrick secured a complete win for XYMOGEN in a lengthy patent infringement suit brought by Thorne Research and Softgel Formulators in the District of Utah.

The plaintiffs alleged that XYMOGEN sold certain nutritional supplements (highly absorbable Coenzyme Q10) in violation of its patent and sought damages, as well as a permanent injunction that would prohibit XYMOGEN from selling the accused products.

After four years of litigation and a six-day jury trial, the jury ruled in a favor of XYMOGEN on all counts. In addition, the jury found the plaintiffs’ patent invalid both for derivation and improper inventorship.

XYMOGEN, Inc., doing business as Atlantic Pro-Nutrients, Inc., produces dietary supplements. The company, led by Brian Blackburn is based in Orlando (FL).

The Orrick team was led by Scott Oliver (Picture) and included Johanna Jacob, Alex Fields, Noah Cort and Chris Ottenweller.

Involved fees earner: Scott Oliver – Orrick; Johanna Jacob – Orrick; Alex Fields – Orrick; Chris R. Ottenweller – Orrick;

Law Firms: Orrick;

Clients: XYMOGEN, Inc.;

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Author: Ambrogio Visconti