Wysong V Purina ~ A David and Goliath Battle
with permission:
Yes I work there, I am a nutrition tech and can say without a doubt Wysong wants to do best by the animals. Dr. Wysong writes and encourages raw feeding at every opportunity. Even if you don't feed it, don't plan to, don't want to, what is happening to Wysong is just WRONG! Many good dog foods have been ruined by the big guys buying them out, and while at this point, Purina/Nestle intends to try to make money off Wysong when they were using the procedure to enrobe
probiotics on their kibble foods for over 25 years - and they don't even use this supposedly invented technology in their own foods.
probiotics on their kibble foods for over 25 years - and they don't even use this supposedly invented technology in their own foods.
Wysong is the first probably of many they will try this with - to ruin them and force closure from legal fees or running them into the ground with their undeserved 'royalties'.
This affects all of us, from our choices of what to feed our pets, to their choice to hit when the economy is at its worse, possibly forcing more companies out of business and the loss of more jobs.
Read and pass on - Wysong needs all the support they can get!
www.wysong.net
FOR IMMEDIATE RELEASE - Wysong Corporation
Contact:
989.631.0009
989.631.9280
Wysong@Wysong.net
www.Wysong.net
Wysong vs Purina ~ A David and Goliath Battle
Midland, Michigan—Nestec S.A. (better known as Nestle), parentcompany of Purina, a pet food manufacturer based in St. Louis, Missouri, and Wysong Corporation, a health education and nutritional development company in Midland, Michigan, have filed suits against one another in the Eastern District Federal Court in Missouri.
The suits are related to a technology invented by Dr. Wysong in the early 1980's to enrobe pet and human foods with probiotics. These are health giving organisms, such as found in yogurt, that can boost the immune system, fight pathogens, produce nutrients and growth factors, and help digestion.
Although Wysong did not seek a patent, it has used the technology in both animal and human foods since the early 1980s. Due in large part to Wysong's educational efforts and product development, probiotics have become a part of the collective health consciousness of the public and food industry. Of late, many natural pet food companies have begun using Dr. Wysong's technology as well.
Nestle/Purina obtained a patent granted in 1999 for the same technology. To this date, however, Purina has not incorporated probiotics in its own products—although its patent describes in detail the many health benefits of probiotics. Instead, it is attempting to prevent Wysong and other companies from using
probiotics unless a licensing fee (tax) is paid to Purina.
A patent is not valid if the invention (prior art) exists in the public domain prior to the patent. The evidence of Wysong's prior art for over fifteen years before the 1999 Nestle patent was granted is, according to Wysong, incontrovertible and ample. In fact, in 2004 just a portion of Wysong's prior art evidence swayed a European
patent review board to deny Nestle/Purina a like European patent.
These facts have been repeatedly made known to, but ignored by Nestle/Purina. Purina's ultimatum is that Wysong either pay sales- based licensing fees (essentially, a tax) going back six years and forward into the future, or pay for expensive patent litigation that can run into the millions.
Wysong, a small family owned company, is unwilling to pay licensing fees to the multibillion dollar Nestle/Purina for what amounts to Wysong's own invention, and consequently now finds itself being sued by a company literally hundreds of times its size. Purina takes the position that since they were granted a patent they intend to enforce it and extract commissions from all natural pet food companies using probiotics.
Wysong argues that the patent should have never been granted by the United States Patent and Trademark Office, is invalid and unenforceable, and that any attempt by Purina to use the threat of litigation costs to force licensing fees is unethical and illegal.
989.631.9280
Wysong@Wysong.net
www.Wysong.net
Wysong vs Purina ~ A David and Goliath Battle
Midland, Michigan—Nestec S.A. (better known as Nestle), parentcompany of Purina, a pet food manufacturer based in St. Louis, Missouri, and Wysong Corporation, a health education and nutritional development company in Midland, Michigan, have filed suits against one another in the Eastern District Federal Court in Missouri.
The suits are related to a technology invented by Dr. Wysong in the early 1980's to enrobe pet and human foods with probiotics. These are health giving organisms, such as found in yogurt, that can boost the immune system, fight pathogens, produce nutrients and growth factors, and help digestion.
Although Wysong did not seek a patent, it has used the technology in both animal and human foods since the early 1980s. Due in large part to Wysong's educational efforts and product development, probiotics have become a part of the collective health consciousness of the public and food industry. Of late, many natural pet food companies have begun using Dr. Wysong's technology as well.
Nestle/Purina obtained a patent granted in 1999 for the same technology. To this date, however, Purina has not incorporated probiotics in its own products—although its patent describes in detail the many health benefits of probiotics. Instead, it is attempting to prevent Wysong and other companies from using
probiotics unless a licensing fee (tax) is paid to Purina.
A patent is not valid if the invention (prior art) exists in the public domain prior to the patent. The evidence of Wysong's prior art for over fifteen years before the 1999 Nestle patent was granted is, according to Wysong, incontrovertible and ample. In fact, in 2004 just a portion of Wysong's prior art evidence swayed a European
patent review board to deny Nestle/Purina a like European patent.
These facts have been repeatedly made known to, but ignored by Nestle/Purina. Purina's ultimatum is that Wysong either pay sales- based licensing fees (essentially, a tax) going back six years and forward into the future, or pay for expensive patent litigation that can run into the millions.
Wysong, a small family owned company, is unwilling to pay licensing fees to the multibillion dollar Nestle/Purina for what amounts to Wysong's own invention, and consequently now finds itself being sued by a company literally hundreds of times its size. Purina takes the position that since they were granted a patent they intend to enforce it and extract commissions from all natural pet food companies using probiotics.
Wysong argues that the patent should have never been granted by the United States Patent and Trademark Office, is invalid and unenforceable, and that any attempt by Purina to use the threat of litigation costs to force licensing fees is unethical and illegal.
Wysong publicized and used the technology in products distributed nationally for more than 15 years prior to the patent. Therefore, Wysong claims that the patent holders copied Wysong art and did not fulfill their duty to reveal this to the patent office when filing.
Thus, Wysong has either filed or is exploring the filing of claims against Purina for Sherman Act violations/patent misuse, misleading the United States Patent Office, failing to comply with the U.S. Patent Laws, including 35 USC §101-103, 111-113 and 133, improper attempts to monopolize the market, unfair competition, antitrust violations, false advertising under the Lanham Act, state claims for
deceptive trade practices, RICO violations, and punitive damages under the Clayton Act.
More is at stake than a giant company out muscling a small one. If Purina succeeds, they will, in effect, be imposing a tax on all companies who have followed Wysong's lead and now use probiotics. This tax will significantly increase the cost to manufacturers, distributors, and stores, as well as to consumers wanting to use
healthy pet foods. Over time, this could amount to hundreds of millions of dollars in increased costs for the natural pet food industry and their customers.
For updates and a lively forum, visit www.Wysong.net.
