Who Owns Pycnogenol Rights?

Pycnogenol is a natural super-antioxidant

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Who Owns Pycnogenol Rights?

For years a battle has raged in the courts and in the media about the ownership of the patent rights and trademark to Maritime Pine Plus®. Between 1969 and 1989, Jacques Masquelier, the original discoverer of the powerful anti-oxidant properties of the extract from pine bark, worked under contract for Horphag Research. Of course, the true discoverers of the health-giving qualities of the pine bark extract were the native people who lived along the St. Lawrence River where Jacques Cartier's second expedition was trapped in the ice. Nevertheless, Masquelier has claimed that he has the sole right to use the name for the oligotropic proanthocyanidin (OPC) product that he subsequently brought to the market place. Some web sites rail against Horphag, claiming that the French court has ruled against Horphag. The following is a press release from Horphag:
PRESS RELEASE

Horphag Research wins court battle over U.S. patent regulating antioxidant claims

Guernsey, March 28th 2001.
Horphag Research, Ltd. announces that the Court of Grasse in France has rendered a decision mandating that Horphag's ownership of United States Patent No. 4,698,360 (the "'360 patent") may no longer be infringed upon by International Nutrition Company ("I.N.C.") or any of the entities which I.N.C. has formed to bypass the original Judgment of the French Court of Appeals.

To this end the Grasse Court has ruled that the merger of SCIPA and CEP (partially owned by I.N.C.) is annulled for fraud and that I.N.C.'s exploitation of the Masquelier/OPC products under the '360 patent is fraudulent. I.N.C. and CEP were also enjoined under penalty of fine from exploiting the '360 patent. The court has ordered that the judgment be published in USA Today, Le Figaro and Le Monde.

As a result, Horphag will be in possession of the entire ownership interest in the '360 patent and will be able to establish credibility and order in the U.S. market for proanthocyanidins, and especially in regard to its Maritime Pine Plus® French maritime pine bark extract product.

Horphag Research has published more than 75 scientific publications on Maritime Pine Plus® French maritime pine bark extract during the last 10 years and has gained additional patents, particularly in the field of heart health and circulatory protection. Purchasers of Horphag's Maritime Pine Plus® product may rest assured in the primacy of their product.

http://www.pycnogenol.com

New York, February 24, 1999 --, Horphag Research, Ltd. continued to protect the integrity of its unique dietary supplement, Pycnogenol®, as evidenced in its recent victory against International Nutrition Company (I.N.C.) The Trademark Trial and Appeal Board of the United States Patent and Trademark Office (T.T.A.B.) reaffirmed Horphag's rights to the trademark Pycnogenol®.

Pycnogenol® brand French maritime pine bark extract is a unique natural extract of the French maritime pine tree (Pinus maritimus). Pycnogenol® is a unique "super antioxidant" that has been shown to possess many important health benefits, including: improving circulation of the blood, enhancing exercise endurance, maintaining the smoothness and elasticity of the skin, and prolonging the actions of vitamins C and E in the body.

The T.T.A.B. dismissed the cancellation proceedings brought by I.N.C., finding that all I.N.C.'s claims had been determined in favor of Horphag in precedent cases. This company's recent win mirrors its past victories against several companies that had threatened Horphag's rights to the trademark name Pycnogenol®

Misleading information from International Nutrition Company (INC) on the French Court decisions

January 8th, 1999

On December 16th 1998, INC published a misleading press release. The Court of First Instance in Bordeaux had voided the succession of the joint ownership of the 360 patent, because Horphag Research had not been able to make use of its legal right of preemption.

This cancellation has been confirmed by the Court of Appeal in Bordeaux, adding:

"In absence of any agreement of the two parties or a decision of justice confirming the return of the patent rights to the company, Masquelier had actually no rights to the ownership of the 360 patent."

This also applies to International Nutrition Company.

Contrary to what INC states in its press release of December 16th 1998, the French Court decision is applicable in the United States according to International Private Law.

American Justice is held to confirm this international reality and will have to signify to the United States Patent Office the annulment of INC co-ownership of the 360 patent.

INC is very well aware of these facts and is looking for a way out, claiming that they will be able to market "Masquelier's Original OPC" under the 360 patent.

Horphag's customers and consumers will not be misled by these shenanigans. The original Pycnogenol® comes from Horphag and Masquelier's OPC cannot be compared to our product.

These are the facts that should be brought to the attention of consumers.

The tactics of INC during and since the French Court proceeding has been to mislead Pycnogenol® customers, to make believe that INC regained rights to the product. INC and Masquelier have lost all rights.

It is important to recall that the French High Court and the Court of Appeal condemned INC and Mr. Masquelier to pay all appeal expenses. These expenses are currently collected via the Sheriff's office.

Pycnogenol is the safe, effective super-antioxidant that helps to relieve many chronic degenerative disorders.

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