United States Court of Appeals Affirms TriStrata Judgment in Paten…

United States Court of Appeals Affirms TriStrata Judgment in Patent Infringement Case Won Against Mary Kay Inc.

PRINCETON, N.J.–LAWFUEL – Supreme Court and Court of Appeals News –TriStrata Technology, Inc. (“TTI”) emerged victorious when the United States Court of Appeals yesterday affirmed the judgment TTI won in its patent infringement suit against Mary Kay Inc. in March 2005. Previously, a jury in the United States District Court in Wilmington, DE found that 14 claims of the three patents at issue were infringed and ordered Mary Kay to pay $26.4 million in back royalties to TTI. The interest on the back royalties will bring the total amount of the judgment to approximately $41.4 million. Interest continues to run on the final judgment amount until paid. The Court also permanently enjoined Mary Kay from infringing the three TTI patents.

The appeal, which was argued yesterday, resulted in a “summary affirmance” by the United States Court of Appeals for the Federal Circuit. This effectively terminates the litigation in TTI’s favor.

TTI is a wholly owned subsidiary of NeoStrata Company, Inc., founded by Ruey J. Yu, O.M.D., Ph.D. and Eugene J. Van Scott, M.D., who are widely recognized as pioneers in alpha-hydroxy acid skin care technology and the inventors of more than 125 patents relating to alpha-hydroxy acids and other skin care technology. TTI’s AHA skin care patents are licensed to 60 companies in the cosmetics and pharmaceutical industries.

Mark D. Steele, CEO of NeoStrata Company attended the argument on Tuesday, remarked: “We are pleased with the Court of Appeals’ affirmance of the final judgment, and the jury’s validation of TTI’s patents covering the pioneering discoveries made by Drs. Van Scott and Yu. We always strive for a business solution when faced with potential patent infringement cases, but TTI remains committed to the vigorous enforcement of its intellectual property when TTI’s patented technology is being utilized without a license.”

TTI was represented by Michael V. Ciresi and Jan M. Conlin of Robins, Kaplan, Miller & Ciresi L.L.P. of Minneapolis, MN and by Kevin M. McGovern and Brian T. Foley of McGovern & Associates of New York, NY and Greenwich, CT.

About NeoStrata®

NeoStrata Company, Inc. is a research-based dermatological company dedicated to the advancement of skin care and dermatological treatments. It is the medical community’s internationally recognized leader in developing alpha-hydroxy, polyhydroxy and bionic acid technology and formulations. NeoStrata Company markets products in 60 countries around the world under the brands NeoStrata®, Exuviance®, Exuviance® Professional and CoverBlend®. NeoStrata has been ranked 17th in NJBIZ’s top 50 biotechnology firms in the state of NJ. For more information, visit www.neostrata.com or call 1-800-225-9411.

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