Two non-profit companies in the United States (Breedlove Foods Inc. and the Mama Cares Foundation) have sought to invalidate a U.S. patent relating to a ready-to-use therapeutic food product called “Plumpy’nut”, designed to feed the severely malnourished. These non-profit companies have the assistance of a prominent Chicago patent litigator, and rather than pay royalties to the French owners of the patent, they have filed a claim alleging that the patent is too broad. The patent’s owners claim that the patent is important because it requires licensing of production, maintaining quality of the product, and that royalties are needed to fund further research and development.
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