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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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