Inolex, Inc. and Inolex Investment Corp. have filed a patent infringement complaint against Actera Ingredients, Inc. in U.S. District Court for the District of Delaware.
According to Inolex, Actera has infringed claims from two of its U.S. patents [1] covering its multifunctional preservation systems comprising caprylhydroxamic acid (CHA) and select diols for cosmetics, personal care, and pharmaceuticals. The patents claim the use of these ingredient compositions in formulations as well as blends comprising the CHA-diol compositions.
Filed on April 12, 2024, the lawsuit against Actera Ingredients, Inc. seeks permanent injunctions against further infringements, as well as monetary damages for sales of infringing products.
Last year, Inolex asserted the same patents against AE Chemie, Inc. in U.S. District Court for the Central District of California, which resulted in a settlement on favorable terms for Inolex.
“Inolex has spent the past two decades investing heavily in the innovation of safe preservation, specifically under the Spectrastat tradename family of products. As a team of inventors and designers, Inolex takes a firm position in respecting the integrity of intellectual property. The company’s investment in intellectual property rights has contributed to the development of several of its proprietary technology platforms, including safe preservation, which benefit the beauty and personal care industry with safer and more sustainable ingredient options,” said the ingredients manufacturer in a statement.
Inolex markets its portfolio of CHA-diol broad spectrum systems under the Spectrastat tradename. Using a hurdle technology approach, the solutions employ a combination of different preservation factors, or techniques, to create multiple barriers to microbial growth that inhibit microorganisms.
The manufacturer puts particular emphasis on 100% natural systems, such as Spectrastat G2 Natural MB (INCI: Caprylhydroxamic Acid (and) Glyceryl Caprylate (and) Glycerin) and Spectrastat CGE Natural MB (INCI: Caprylhydroxamic Acid (and) Caprylyl Glyceryl Ether (and) Propanediol).
Caprylhydroxamic Acid (CHA) is a 100% natural and readily biodegradable chelating agent derived from coconut-sourced caprylic acid. CHA is a biostatic organic acid that can be a crucial component of an effective broad spectrum preservation system due to its multiple mechanisms of action. It provides a strong hurdle to microbial growth at pH 4-8, including broad spectrum protection against contamination by bacteria, yeast, and mold achieved via a combination of CHA with medium chain terminal diols, such as caprylyl glycol, glyceryl caprylate, or caprylyl glyceryl ether.
“With the continued expansion of its portfolio of 100% natural, safe preservation options, Inolex will continue to take a firm position in protecting and applying its patented technology to help brands achieve safe and effective preservation in their pursuit of safe and sustainable consumer products,” the company added.
