Glykon Invokes Patent Interference at the USPTO Against Alex Moffett, Parag Shah and Renaissance Herbs, Inc. for Hydroxycitrate (HCA) in Drug, Food and Beverage
January 17, 2007
LAS VEGAS, January/PRNewswire/ –– Glykon Technologies Group, LLC has invoked Patent Interference Proceedings at the United States Patent and Trademark Office (USPTO) against Alex Moffett of Renaissance Herbs (“RHI”) and Parag Shah of Dhanvantari Botanicals for an improper patent application filing that fails to list true inventors of compounds based upon (–)-hydroxycitric acid and the processes for making such compounds. These new hydroxycitrate compounds are pertinent to the areas of pharmaceutical development and use in foods and beverages. Interference Proceedings will prevent action on the application at the USPTO until a ruling has been made and will have ramifications in all countries that are signatories to the Patent Convention Treaty (PCT), which covers intellectual property matters internationally. Interference Proceedings also mean that the application cannot be sold or transferred.
Ongoing litigation in Los Angeles recently revealed that Moffett/RHI apparently filed its patent application in late 2006 despite the fact that the compounds and processes in question have been under litigation for almost two years and are covered under Glykon nondisclosure agreements and a licensing agreement. No assignment or alienation of the materials covered in the application can be recognized legally until the current litigation is concluded. Likewise, the sale or transfer of the intellectual property in question cannot take place legally until the USPTO has finished its inquiry and rendered a final judgment. A ruling on the status of the application is required before it even can be considered by an Examiner and this could take twenty-four months or longer.
On February 4, 2005, Glykon terminated its licensing agreement with Renaissance Herbs, Inc. covering uses and delivery systems for (–)-hydroxycitric acid and related products. Pursuant to a complaint filed March 15, 2005 as Glykon Technologies Group, LLC v. Renaissance Herbs, Inc., et al. in Los Angeles Superior Court, Case No. BC 330334, Glykon is suing Renaissance Herbs, Inc. of Chatsworth, California and its president, Alex S. Moffett (also known as S. Alexander Moffett and Scott A. Moffett). Renaissance Herbs’ subsidiaries also potentially affected by the lawsuit are Ayurceutics (Chatsworth, California), Dhanvantari Botanicals Pvt. Ltd. (India) and Scentsations Aromatherapy Co., Ltd. (Thailand). Alex Moffett in at least one document available on the Internet also has indicated that he is CEO of a company called Renaissance Nutriceuticals (or possibly Renaissance Nutraceuticals) and this entity, too, would be bound by any legal judgment and by any USPTO ruling.
Inter alia, the Complaint alleges fraud, breach of contract, and failure to provide accounting either according to the ordinary terms of the contract or when specifically requested and required in response to termination. As noted in the Patent Interference action, RHI, further, has attempted to misappropriate certain IP belonging to Glykon and made filings to the USPTO not listing the rightful inventors.
RHI also failed to provide to Glykon important information regarding the company’s financial health. This information includes the fact that on February 13, 1997 the Van Nuys Municipal Court, LA County (CA) rendered a civil judgment (#96EO2325) against RHI for failure to pay debt. Likewise, RHI did not notify Glykon it had made a California UCC filing (#0327960047, filing date October 2, 2003).
Both the Termination and the Complaint against Moffett and Renaissance Herbs have been widely publicized. Notice of Termination was published on the Natural Products Insider (NPI Center) Internet site on March 2, 2005 and on the Natural Products Industry Insider website (In-The-News) on April 25, 2005. On April 11, 2005 RHI published a response on the NPI Center that failed to mention the active litigation, but notice of the Complaint can be found in the “Comments” thereto. Notice of the Termination and legal action against RHI/Moffett thus has been conspicuously and repeatedly published over a period of almost two years, including via the Internet (e.g., PRNewswire, Aug 22, 2006 describing in detail both the Termination and the Complaint). No buyer or licensee can maintain that it did not receive legally effective notice. Any unauthorized seller of the covered HCA products or user of the covered intellectual properties will be liable for damages, including triple damages in the case of knowing / intentional misuse.
RHI has been and continues to be the object of Food and Drug Administration (FDA) action and investigation. One open complaint focuses on resolving issues surround the toxicity reported in Japan with hydroxycitric acid products supplied by Renaissance Herbs. Queries for further information regarding FDA actions and investigations, including Complaint Number 31204, can be directed to:
U.S. Food and Drug Administration
Office of Information Resource Management
Division of Freedom of Information
5600 Fisher Lane
Rockville, MD 2058
Fax number: (301) 443-1726