Threat To Sue Karl Loren About MSM Patents
MARGER JOHNSON & McCOLLOM
PROFESSIONAL CORPORATION
PATENT TRADEMARK AND COPYRIGHT LAW
TECHNOLOGY LICENSING & LITIGATION
January 26, 2000
Mr. Loren Karl
Vibrant Life
1831 North Belaire Drive
Burbank, CA 91504
Dear Mr. Karl
This firm represents Carolwood Corporation ("Carolwood"). It has come to our attention that you may be distributing or selling methylsulfonylmethane ("MSM") for human and/or animal use.
This letter is to inform you that the sale and use of MSM are covered by a number of patents held by MSM Investments Company, LLC ("MIC"). A list of those patents is attached to this letter. Carolwood Corporation is one of only three companies world-wide that MIC has licensed to sell MSM under the patents.
I am confident that your legal counsel would advise you that any person or company that sells or uses MSM in a manner that violates the patents may subject themselves to liability under the United States patent laws. Companies and individuals can protect themselves from any risk of such liability by purchasing MSM from a supplier that is licensed under the MSM patents, such as Carolwood.
The United States Customs Service may become involved in enforcing or assisting in enforcement of the MSM patent rights. First, a patent holder or licensee may file with the United States International Trade Commission to deny imports of goods that infringe United States patents. If the ITC issues such an "exclusion" order, then the Customs Service will deny entry of the infringing imports. Second, the Customs Service will assist a patentee or licensee to gather information regarding potentially infringing imported goods.
We trust that this information will aid you in making business decisions about distributing MSM.
Sincerely,
MARL JOHNSON & McCOLLOM PC
Glenn C. Brown
GCB-jaw
Enclosure
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