January 13, 2004

By: April Tom
Website: http://www.1st-in-cosmetics.com

Federal court upholds NeoStrata subsidiarys patent rights

TriStrata Technology, Inc. won its patent infringement suit against Valeant Pharmaceuticals International, formerly ICN Pharmaceuticals, when the jury in the United States District Court in Wilmington, DE found that seven claims of the two patents at issue were willfully infringed. The jury verdict of willful infringement allows for the damages to be multiplied up to three times. In addition, TTI will ask the Court to declare the case “exceptional” and thus make TTI eligible for an award of attorneys’ fees.

TTI also filed a motion for a permanent injunction with the Court today which, if granted, will prohibit sales of infringing products, including Valeant’s Glyquin product lines. The infringed patents cover the use of alpha-hydroxyacids to enhance the therapeutic effect of other substances. TTI still has suits pending against ICN relating to another product line, as well as Mary Kay cosmetics, BeautiControl cosmetics and the companies responsible for the manufacture and sale of the infomercial product called Natural Advantage.

TTI is a wholly owned subsidiary of NeoStrata Company, Inc., founded by Ruey Yu, O.M.D., Ph.D. and Eugene Van Scott, M.D., who are widely recognized as pioneers in alpha-hydroxyacid skin care technology and who are the inventors of more than 125 patents relating to alpha-hydroxyacids and other skin care technology.

Richard H. Wildnauer, Ph.D., president of TTI, remarked: “We are delighted that the jury recognized the extensive contributions made by Drs. Van Scott and Yu by validating TTI’s patents and stopping the willful infringement by Valeant. TTI remains committed to the vigorous enforcement of its intellectual property, such as in this instance where Valeant was selling infringing products without a license.”

Kevin M. McGovern, principal of McGovern & Associates, worldwide licensing counsel for TTI, stated, “TTI always prefers to achieve business resolutions of its patent disputes as demonstrated by the extensive and impressive list of licensees to date. However, if forced to go to court, TTI has the resolve and the resources to go the distance.”

About The Author:

April Tom is a successful author and regular contributor to http://www.1st-in-cosmetics.com.  Tips on skin care, hair care and beauty products to bring out natural beauty.