Warning letter from Lo.Li. Pharma for Inositol products - what you should do now

In recent months, numerous German suppliers of dietary supplements have received a warning from the Lo.Li. Pharma S.r.l. received. The Italian manufacturer claims that products with a certain combination of Myo-inositol and D-chiro-inositol would infringe a European patent.

Our law firm brands media meyen has already achieved very good results in comparable cases on several occasions - through pragmatic solutions, economically sensible agreements and, in individual cases, also through successful counter-strategies.

What are the warnings about?

Lo.Li. Pharma is the owner of the European patent EP 2782559which contains compositions of myo-inositol and D-chiro-inositol in a weight ratio of 10:1 to 100:1 protects. In particular, the ratio of approx. 40:1which is also described as particularly effective in clinical studies, is at the center of the debate.

The combination is used in particular in connection with PCOS (polycystic ovary syndrome) a hormonal disorder that affects many women of childbearing age. Myo- and D-chiro-inositol are used to support ovulation and improve metabolism.

Lo.Li. Pharma believes that its rights are protected by products such as INOSIVAR - myo & d-chiro inositol and is issuing warnings to numerous suppliers of comparable products.

What claims are being asserted?

The warning letter usually contains the following claims:

• Omission the manufacture, advertising and distribution of the products concerned

• Information on sales figures, inventories and distribution channels

• Compensation for damagesthe amount of which is to be quantified on the basis of the information provided

In some cases, the withdrawal of products from the market is also required.

Are the warnings justified?

In our experience, the legal situation is perfectly understandable from the point of view of the warning letter issuer. Most of the warnings known to us are in any case comprehensible, although there is also room for argumentation in detail - for example in the case of deviating mixing ratios, certain dosage forms or the marketing situation.

In many cases it makes sense, negotiate strategicallyin order to achieve an economically viable solution. In the past, our law firm has been able to favorable comparisons and, in suitable constellations, also defensive measures successfully.

A particular advantage of our commissioning

A significant advantage for our clients is that the patent matter has already been extensively examined by a patent attorney has been. This means you avoid the duplication of costs for the additional involvement of a patent attorney. Our clients thus benefit from a well-founded patent law assessment - without unnecessary additional expense.

Why you should act now

Whether a cease-and-desist declaration should be issued, negotiated or the claims rejected depends on the individual case. What is important is that you React promptly and seek legal advice. Waiting or acting prematurely can entail considerable economic risks.

Our law firm brands media meyenunder the direction of specialist lawyer Robert Meyenhas extensive experience with warning letters in the field of trademark and patent law. We advise you competently, efficiently and in a solution-oriented manner.

Have you received a warning letter from Lo.Li. Pharma?
Then please feel free to contact us. We will be happy to provide you with sound advice at short notice.

Checklist for warning letters from Lo.Li. Pharma

If you have received a warning about an Inositol product, you should take the following steps:

1. keep calm & check documents

Read the warning carefully. Make a note of who the sender is, which product is affected and what deadline has been set.

2. note the deadline

The deadlines set (usually 7 to 10 days) should be taken seriously. Do not let them pass, but do not act hastily either.

3. do not sign a cease-and-desist declaration

Under no circumstances should you issue a cease-and-desist declaration without consulting a lawyer - this can bind you in the long term and result in considerable costs.

4. involve a specialist lawyer

Contact a specialized lawyer with experience in trademark and patent law, especially in the area of dietary supplements.