Pet Food Giant Seeks To : Pet Food Giant Seeks To Tax Natural Pet Food CompaniesNestec S.A. (better known as Nestle), parent company of Purina, a pet food manufacturer based in St. Louis, Missouri, and Wysong Corporation, a health education and nutritional development company in Midland, Michigan, have filed suits against one another in the Eastern District Federal Court in Missouri. The suits are related to a technology invented by Dr. Wysong in the early 1980s to enrobe pet and human foods with probiotics. These are health giving organisms, such as found in yogurt, that can boost the immune system, fight pathogens, produce nutrients and growth factors, and help digestion. Although Wysong did not seek a patent, it has used the technology in both animal and human foods since the early 1980s. Due in large part to Wysongs educational efforts and product development, probiotics have become a part of the collective health consciousness of the public and food industry. Of late, many natural pet food companies have begun using Dr. Wysongs technology as well. Nestle/Purina obtained a patent granted in 1999 for the same technology. To this date, however, Purina has not incorporated probiotics in its own productsalthough its patent describes in detail the many health benefits of probiotics. Instead, it is attempting to prevent Wysong and other companies from using probiotics unless a licensing fee (tax) is paid to Purina. A patent is not valid if the invention (prior art) exists in the public domain prior to the patent. The evidence of Wysongs prior art for over fifteen years before the 1999 Nestle patent was granted is, according to Wysong, incontrovertible and ample. In fact, in 2004 just a portion of Wysongs prior art evidence swayed a European patent review board to deny Nestle/Purina a like European patent. These facts have been repeatedly made known to, but ignored by Nestle/Purina. Purinas ultimatum is that Wysong either pay sales-based licensing fees (essentially, a
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