New Vision® Response to Xango's Patent Lawsuit
Scottsdale,
Arizona — August 3, 2004
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New Vision (www.newvision.com),
the leader in innovative liquid nutritional health products addressed
the status of its lawsuit with Xango regarding New Vision's
best-selling Essential Vitamins™ Plus Mangosteen.
Xango previously sued New Vision claiming that New Vision's
Essential Vitamins Plus Mangosteen infringes on their patent. In
its response to this lawsuit, among its other claims, New Vision
requested that the court issue a ruling that New Vision's
current formulation of its Essential Vitamins Plus Mangosteen does
not in any manner infringe on Xango's U.S. Patent No. 6,730,333.
New Vision had previously engaged independent nationally-recognized
patent counsel to review this matter. After an extensive review
of the relevant issues, New Vision's patent counsel issued
a legal opinion that New Vision's current formulation of
its Essential Vitamins Plus Mangosteen does not infringe on Xango'
s patent claims.
B.K. Boreyko, chief executive officer for New Vision, stated "assuming
that Xango's patent is enforceable, a simple read of it indicates
that their patent only covers a product containing mangosteen,
pericarp and fruit or vegetable juices. New Vision's improved
formulation does not include fruit or vegetable juices and therefore
is not covered by the patent. Similarly, this is why you see so
many other mangosteen products in the market. Claims by Xango and
its distributors that New Vision's mangosteen product infringes
on Xango's patent may make good marketing copy, but that
is about it. We are extremely confident in our position."
Independent third-party testing has established that New Vision's
Essential Vitamins Plus Mangosteen contains the highest Oxygen
Radical Absorption Capacity Value (ORAC) and xanthone content of
the leading mangosteen products. New Vision's product has also
been formulated to contain efficacious amounts of vitamins as well
as green tea and aloe. As previously announced, New Vision has
filed for a patent on its new Essential Vitamins Plus Mangosteen
and expects the patent to be granted within the next 12 to 18 months.
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