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Freedom to operate
Chrysantis EZEyes® brand zeaxanthin is offered for sale under a licence agreement with ZeaVision LLC. Under this agreement, EZEyes customers can add, royalty free, up to 4 mg of EZEyes zeaxanthin to dietary supplements, food and beverages (4 mg/serving/day).
This is why all Chrysantis zeaxanthin products labels include the following text:
"Certain uses of this CHRYSANTIS product may be covered by U.S. Patent Nos. 5,747,544 and Re. 38,009 and other patents and patent applications owned by ZeaVision LLC. Purchase of this CHRYSANTIS product confers only a limited right under U.S. Patent Nos. 5,747,544 and Re. 38,009 to make, have made, use, sell, market, offer for sale and import, certain End-Use Compositions that contain this CHRYSANTIS product, namely ingestible compositions (e.g., capsules, tablets, dietary supplements, foods, beverages) (hereinafter, "End-Use Compositions") marketed for any indication having a ZEAXANTHIN LABEL CLAIM of less than or equal to 4.75 mg of zeaxanthin. As used herein, the ZEAXANTHIN LABEL CLAIM means the amount of zeaxanthin, expressed as the amount (e.g., "mg" or "µg") per single serving size, stated to be contained in the End-Use Composition and typically found on a label affixed to a container or package containing the End-Use Composition (e.g., as set forth in a "Supplement Facts" box stating the "Serving Size" and "Servings Per Container"). The ZEAXANTHIN LABEL CLAIM may reflect, but need not explicitly state, that the End-Use Composition includes (i) zeaxanthin from this CHRYSANTIS product and (ii) zeaxanthin not attributable to this CHRYSANTIS product, but derived solely from a lutein source having trace amounts of zeaxanthin at approximately a 20:1 lutein/zeaxanthin ratio. The End-Use Composition may have no more than 4.0 mg of the total zeaxanthin of the ZEAXANTHIN LABEL CLAIM being attributable to this CHRYSANTIS product and any other zeaxanthin, if added to the End-Use Composition, must be derived from a lutein source with trace amounts of zeaxanthin at approximately a 20:1 lutein/zeaxanthin ratio. The ZEAXANTHIN LABEL CLAIM or other marketing materials (e.g., printed, or internet, or other media) for the End-Use Composition may suggest or recommend the ingestion of more than one serving of the End-Use Composition per day, provided that the total suggested or recommended amount of zeaxanthin, based on the ZEAXANTHIN LABEL CLAIM or other marketing materials, does not exceed 4.75 mg of zeaxanthin per day, subject to the forgoing limitations. Any indirect or direct communication or marketing of the End-Use Composition (e.g., printed, or internet, or other media) that characterizes the End-Use Composition or uses of the End-Use Compositions in a manner inconsistent with the ZEAXANTHIN LABEL CLAIM is expressly prohibited and is not covered by the limited right under U.S. Patent Nos. 5,747,544 and Re. 38,009 that is conferred by the purchase of this CHRYSANTIS product. Any resale of this CHRYSANTIS product to a third party should be accompanied by a communication of the foregoing limited rights."
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