When Purina Pet Foods demanded Wysong Pet Foods pay licensing fees for a technology invented by Dr. Wysong, it took a re-examination by the Patent Office to settle the legal dispute. Wysong won.
In 1999, almost 20 years after Wysong Pet Foods had developed the technology to provide probiotics in pet foods, Nestle Purina applied for and was granted a patent by the US Patent Office as inventor of the technology. When Purina sued Wysong (2008), demanding Wysong pay Purina licensing fees for use of the probiotic technology, Wysong answered with proof that Dr. Wysong actually invented the technology many years prior.
The decision of the United States Patent Office agreed with Wysong; defeating Purina’s attempt to force Wysong to pay licensing fees for the probiotic technology.
In a counterclaim, Wysong believes that Purina is guilty of patent misuse and should be subject to punitive damages. “Wysong contends that any attempt by Nestec (Nestle Purina) to force a company into patent litigation or surrendering licensing fees is unethical and illegal.” http://www.wysong.net/wysong-vs-purina.php
No company, pet food or otherwise, should get away with stealing a technology claiming it was theirs when the evidence clearly proves it wasn’t. I wonder how much money in licensing fees Purina has collected from many other pet food companies using probiotics over the years. Furthermore, I wonder after this decision by the Patent Office if other companies will demand Purina refund previously paid probiotic technology licensing fees. (I hope they do!)
Wishing you and your pet(s) the best,
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