Date: 04-12-2006

Case Style: IMA North America, Inc. v. Marlyn Nutraceuticals, Inc.

Case Number: 2:06-cv-00344-LOA

Judge: Lawrence O Anderson

Court: United States District Court for the District of Arizona, Maricopa County

Plaintiff's Attorney:

Amy Abdo, Alec R Hillbo and David A Weatherwax of Fennemore Craig, P.C., Phoenix, Arizona

Defendant's Attorney:

Paul Levine, Paul M. Levine, P.C., Phoenix, Arizona

Description:

IMA North America, Inc. sued Marlyn Nutraceuticals, Inc. for breach of contact and Marlyn counterclaimed. Marlyn Nutraceuticals, Inc. (dba Naturally Vitamins), is a Phoenix company that is a leading manufacturer and distributor of nutritional supplements, including enzyme preparations for systemic enzyme therapy. One of Marlyn's major products is Wobenzym®N, which is manufactured in Germany and distributed worldwide. Marlyn is the exclusive distributor of Wobenzym®N in the US. Among other allegations, Marlyn sued World Nutrition Inc., claiming unfair competition arising from World Nutrition's false advertising of its product, Vitalzym. Naturally Vitamins specializes in oral systemic enzymes, notably Wobenzym®N, an inflammation and immune support formula developed over 50 years ago and supported by hundreds of clinical trials.

The claims made and defenses asserted by IMA North America are not available.

Outcome: Defendant's verdict for $6.3 million.

Plaintiff's Experts: Unknown

Defendant's Experts: Unknown

Comments: None