Mannatech’s Ambrotose® Product Patents Further Validated Against EvenBetterNow and Oasis
Ruling prohibits manufacture, use or sale of infringing products and imitations
(COPPELL, Texas) April 30, 2010 – Mannatech, Incorporated (NASDAQ: MTEX - News), a global pioneer in the development of high-quality health, weight and fitness and skin care solutions based on nutritional science, obtained Final Judgments in a lawsuit against EvenBetterNow, LLC, and Oasis Advanced Wellness, LLC (Oasis), prohibiting both companies from the manufacture, use or sale of products infringing Mannatech’s patents.
Mannatech filed a lawsuit against EvenBetterNow, Oasis and five other companies in March 2010 in the United States District Court for the Northern District of Texas, Dallas Division, alleging infringement of four of Mannatech’s patents (U.S. Patents 6,929,807; 7,157,431; 7,199,104; and 7,202,220). United States District Judge Reed O’Connor entered his final judgments against the companies in April.
“We will continue to defend our proprietary Ambrotose product against companies that infringe our patents,” said Keith Clark, Mannatech’s executive vice president and chief legal officer. “These results continue to show the strength and validity of our patents and brand.”
The final judgments include broad injunctions that prohibit EvenBetterNow and Oasis from “making, using and offering to sell, selling, or otherwise distributing within the United States, or importing into the United States the infringing products as well as colorable imitations” as well as “providing assistance to others in making, using, offering to sell, selling, or otherwise distributing within the United States, or importing into the United States.”
Additionally, the judgments prohibit EvenBetterNow and Oasis from supplying all or a substantial portion of the components of the infringing products that would infringe the patents in suit.
The settlements with EvenBetterNow and Oasis resolve the claims against two of the seven companies that Mannatech recently filed a lawsuit against for infringing on its patents. Mannatech is represented by Eric Pinker, Mark Turk and Renee Strickland, with the Dallas-based litigation firm of Lynn Tillotson Pinker & Cox, LLP.
Mannatech has distinguished itself in the emerging glyconutrients market through the development of Ambrotose complex, the technology for which it holds more than 45 patents in 30 countries. Glyconutrients are dietary ingredients containing beneficial amounts of carbohydrates which are believed to represent a new category of untapped vital nutrients for proper nutrition.
Many of Mannatech’s products are based on Real Food TechnologySM solutions, which provide consumers with products that contain standardized levels of natural and plant-sourced nutrients. Food-sourced ingredients are chosen from those scientifically proven to most benefit the human body.
Please Note: This release contains “forward-looking statements” within the meaning of Section 27A of the Securities Act of 1933, as amended, Section 21E of the Securities Exchange Act of 1934, as amended, and the Private Securities Litigation Reform Act of 1995. These forward-looking statements generally can be identified by use of phrases or terminology such as “intend” or other similar words or the negative of such terminology. Similarly, descriptions of Mannatech’s objectives, strategies, plans, goals or targets contained herein are also considered forward-looking statements. Mannatech believes this release should be read in conjunction with all of its filings with the United States Securities and Exchange Commission and cautions its readers that these forward-looking statements are subject to certain events, risks, uncertainties, and other factors. Some of these factors include, among others, Mannatech’s inability to attract and retain associates and members, increases in competition, litigation, regulatory changes, and its planned growth into newinternational markets. Although Mannatech believes that the expectations, statements, and assumptions
reflected in these forward-looking statements are reasonable, it cautions readers to always consider all of the risk factors and any other cautionary statements carefully in evaluating each forward-looking statement in this release, as well as those set forth in its latest Annual Report on Form 10-K and Quarterly Report on Form 10-Q, and other filings filed with the United States Securities and Exchange Commission, including its current reports on Form 8-K. All of the forward-looking statements contained herein speak only as of the date of this release.