Federal Court Affirms Vemma™ Case!
Scottsdale, Arizona — January 6, 2006
Other Press Releases
BK's Mangosteen Patent Response, May 19, 2005
Xango Patent Invalid in US. Patent Office Final Action, May 16, 2005
New Vision Letter to Members, August 4, 2004
New Vision Response to Xango's Patent Lawsuit, Aug. 3, 2004
New Vision Announces Long-Term Mangosteen Supply Contract, Aug. 3, 2004 |
Hello Team,
I can't think of a better way to start out the year than to put this mangosteen patent issue behind us once and for all. As you may know, almost two years ago, one of our competitors XanGo™, felt threatened enough from our mangosteen formula to try and sue us to stop selling it. Well, as I said then New Vision® and Vemma™ will always sell a mangosteen product and I'll make sure it's the best on the market.
Now, the Federal Court seems to agree with my position. We've issued the press release below to the major networking industry publications:
Federal Court Affirms New Vision/Vemma Case
Scottsdale, Arizona – Upon review of XanGo's patent claim, the United States Federal District Court from the 10th Circuit, on December 16th, 2005 stated to all parties on the public record that since "the examiner for the United States Patent Office has issued a Final Rejection of all the claims of the 6,730,333 [XanGo] patent . . . it now appears there is not a valid patent at issue." Even though the XanGo lawyers disputed the Court's statement and indicated they intend to appeal the U.S. Patent Office ruling, the Court entered an order closing the case administratively.
BK Boreyko, New Vision and Vemma CEO responded to the recent ruling, stating that, "From the beginning of the lawsuit, I have assured our Members that we would always market a mangosteen product. Contrary to all of XanGo's statements about exclusivity and an iron clad, 20 year patent, the United States Patent Office and now the United Stated Federal District Court from the 10th Circuit have all ruled against XanGo."
This recent ruling now allows the parties to focus their competition in the arena in which it was intended, the free market. Consumers may now decide, based upon the quality of the products, which product they prefer.
This press release will put to rest all the rumors started and perpetuated by XanGo and its distributors. I've literally heard everything from 'they’re shutting us down', to 'we won’t have a product after such and such a date' (they kept changing the date since it never came to pass) along with my favorite, 'they don’t have any mangosteen in their product'. Well, all of these rumors proved to be false and my only regret is that some of you have to hear them and listen to the 'marketing tactics' of a competitor that clearly has an inferior mangosteen product.
As this was only sent out to Diamond Leaders and above, feel free to share this information with your team as you deem necessary.
Thank you for your faith in your Home Office team and myself. Let’s gear up for a great 2006 for you!
Successfully,

BK Boreyko
President & CEO
New Vision & Vemma
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