This is the latest statement from the Max Blog as of 2/24/2010:
On February 17, 2010, Tripharma LLC (“Tripharma”) sued Max International, LLC and various current and former Max executives and employees (collectively “Max”), along with various Max associates. The suit claims that Max allegedly improperly and falsely marketed, advertised, and labeled the MaxWLX product as being the subject of certain scientific tests or studies and as being licensed under United States Patent No. 6,899,892 (the “’892 patent”). The suit also claims that Max allegedly violated a marketing and supply agreement between Max and Tripharma by not purchasing a minimum amount of a viscous polysaccharide product for Max’s MaxWLX.
Tripharma is seeking money damages from Max. TriPharma also seeks an injunction prohibiting Max from continuing to advertise, market, and sell the MaxWLX product and from using the tests or studies for marketing, advertising, or other purposes.
With respect to the various distributors, Tripharma is not seeking money damages from Max’s distributors. Instead, Tripharma is only seeking an injunction prohibiting the associates from continuing to advertise, market, and sell the MaxWLX product, and from using the tests or studies for marketing, advertising, or other purposes.
Max believes the suit is without any merit, was filed for an improper purpose, was filed to attempt to damage Max’s reputation and business, and Max will seek, among other things, its attorneys’ fees and costs in defending the lawsuit. Max will vigorously defend itself, its business, its conduct, and its reputation in all lawful and appropriate manners, including, if appropriate, by filing counterclaims against Tripharma.