# Wysong under attack



## Guest (Feb 7, 2009)

FOR IMMEDIATE RELEASE: 

Wysong Corporation
989.631.0009
989.631.9280
[email protected]
Raw, Holistic, Natural Dog Food, Cat Food, Ferret Food, Cat & Dog Supplements

NESTLE/PURINA VS THE NATURAL PET FOOD INDUSTRY

Midland, Michigan – Nestec 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 1980’s to enrobe pet and human foods with probiotics – health giving organisms such as found in yogurt. 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 Wysong’s 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. Wysong’s 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 products. Instead, it is attempting to prevent Wysong and other companies from enrobing dry extruded pet foods with probiotics unless a licensing fee 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 Wysong’s prior art for over fifteen years before the 1999 Nestle patent was granted is, according to Wysong, incontrovertible and ample. In fact, within the last few years just a portion of Wysong’s prior art evidence swayed a European patent review board to deny Nestle/Purina a like European patent. The decision was upheld upon appeal.

These facts have been repeatedly made known to, but ignored by Nestle/Purina in their suit filed against Wysong. Purina’s ultimatum is that Wysong either pay sales-based licensing fees (essentially, royalties) going back six years and forward into the future, or pay for expensive patent litigation. 

Wysong, a small family owned company, is unwilling to pay licensing fees to the multibillion dollar Nestle/Purina for what amounts to Wysong’s own invention, and consequently now finds itself being sued by a company literally hundreds of times its size. Purina takes the position that since they were granted a patent they have a right to enforce it. 

Wysong argues that the patent should have never been granted, is invalid and unenforceable, and that any attempt by Purina to use the threat of litigation costs to force licensing fees is unethical and illegal. Since Wysong publicized and used the technology in products distributed nationally for more than 15 years prior to the patent, Wysong claims that the patent holders copied Wysong art and did not reveal this to the patent office when filing. Thus, Wysong has either filed or is exploring the filing of claims against Purina for Sherman Act violations/patent misuse, misleading the United States Patent Office, failing to comply with the U.S. Patent Laws, including 35 USC §101-103, 111-113 and 133, improper attempts to monopolize the market, unfair competition, antitrust violations, false advertising under the Lanham Act, state claims for deceptive trade practices, RICO violations, and punitive damages under the Clayton Act.

Wysong Corporation


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## TJ99959 (Feb 4, 2009)

Kinda like trying to get a patent on a peanutbutter & jelly sandwich.
Which if you remember was tried a few years ago.

The typical business world.
If it hadn't been Nestles it would have been P&G

Wysong should have gotten their patent back in the 80s like they should have.


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## whiteleo (Sep 7, 2008)

It's typical of big corporation greed, shit on the little guy, who cares if they came up with it first, there is no respect anymore, thats whats wrong with this country.


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## TippysMom (Oct 3, 2008)

It's just sad how the "little guy" always gets bullied by the big corporations...I'd be happy if Purina, WalMart, and every other big name went under & we were back to mom & pop places. Things are just too impersonal.


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## rannmiller (Jun 27, 2008)

That's so crappy of Purina, as if they don't have enough money already! And they don't even use the technology in their own food! Wtf? Stupid big corporations, I hope Wysong wins this one and Purina is publicly humiliated... and maybe they're tarred and feathered. I think I'd be okay with that :smile:


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## Guest (Feb 8, 2009)

A good friend introduced me to Wysong supplements and health bars for humans awhile back. I thought they were excellent products so I eventually purchased their dog food and treats. So, as a customer of Wysong products, I'm saddened by this.

Whether or not Wysong should have obtained a patent back then when they first started, they do not deserve to be treated like this. Shame on Nestle / Purina.


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## ChattyCathy (Nov 22, 2008)

LabbieMama said:


> A patent is not valid if the invention (prior art) exists in the public domain prior to the patent. The evidence of Wysong’s prior art for over fifteen years before the 1999 Nestle patent was granted is, according to Wysong, incontrovertible and ample. In fact, within the last few years just a portion of Wysong’s prior art evidence swayed a European patent review board to deny Nestle/Purina a like European patent. The decision was upheld upon appeal.


Looks like Europe is smarter than we are. I love the "mom and pop" stores --that's what made America. 

Isn't free enterprise grand?


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## RawFedDogs (Jun 16, 2008)

ChattyCathy said:


> Looks like Europe is smarter than we are. I love the "mom and pop" stores --that's what made America.
> 
> Isn't free enterprise grand?


Actually it is. What y'all who are trying to knock down the large corperations don't realize is that those companies have made America what it is. Walmart has the most efficient distribution organization in the world. If it weren't for the large coprs, prices would be much higher. They put inefficient businesses out of business and replaced them with very efficient businesses.

Believe me you don't want to live like europeans do. The average POOR American has a higher living standard than the average European. Not poor European but the average European.

You say you love mom and pop stores but I bet you don't make the majority of your purchases in them. You like to visit them and look over their merchandise and make token purchases but the biggest majority of your purchases are from the giant corperations if for no other reason than prices. I wager you buy your groceries in a big chain store. You make your hardware purchases at Home Depot or Lowes. You buy your meds from a large chain drug store. You buy your clothes from a large department or discount store.

Small mom and pop stores just can't compete with the large corps mainly because of economics.


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## whiteleo (Sep 7, 2008)

Well, to a degree I have to agree with you RFD, but here where I live I get to buy my meds from a local pharmacy, and it's a few since I suffer from migraine and going through perimenopause, (I use bioidenticals) and the grocery store that I buy most of our essentials was started right here in Bellingham, although it has grown to several states. And then there is the food coop, where I buy most of the dog meat in bulk and my vitamins, and my meat and such. I don't shop much at Walmart or Costco, but they are always busy. They get plenty of business from the canadians as we are right on the border. can you say Winter Olympics 2010.


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## ChattyCathy (Nov 22, 2008)

RawFedDogs said:


> Actually it is. What y'all who are trying to knock down the large corperations don't realize is that those companies have made America what it is. Walmart has the most efficient distribution organization in the world. If it weren't for the large coprs, prices would be much higher. They put inefficient businesses out of business and replaced them with very efficient businesses.
> 
> Believe me you don't want to live like europeans do. The average POOR American has a higher living standard than the average European. Not poor European but the average European.
> 
> ...


You're absolutely right. Don't get me wrong... I do love the mom and pop stores but I absolutely do buy most of my items at big box stores. I do know that these larger stores help to keep our prices down and it's such a shame that the smaller stores can't compete and are therefore put out of business. You just don't get the service from these big stores that you do from the little stores. These large stores put inefficient and efficient smaller stores out of business because the smaller stores just can't compete. And, of course I like to pay less for items as I believe most people do. I just like the community feel of the mom and pop stores. They know the neighborhood, love the neighborhood and usually live in the neighborhood. I like the ambiance they give to a neighborhood. I guess I'm reminiscing (not sure how to spell this word). But progress is also what makes America great!

And, yes I do know that European countries cannot compare to America and we are the greatest country around (I love the USA) but I have to say that I like the way the Europeans think about some of the issues we are conflicted about here in America.


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## rannmiller (Jun 27, 2008)

I don't even think there's a mom and pop grocery store anywhere in Reno, if there is, I don't know about it, but I should. Does Trader Joe's count? I love that store!


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## RawFedDogs (Jun 16, 2008)

ChattyCathy said:


> Don't get me wrong... I do love the mom and pop stores but I absolutely do buy most of my items at big box stores.


I agree 100% with what you said. I had much rather shop in the small local stores.



> I have to say that I like the way the Europeans think about some of the issues we are conflicted about here in America.


I have no clue what this sentence is about. :smile:


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## ChattyCathy (Nov 22, 2008)

rannmiller said:


> I don't even think there's a mom and pop grocery store anywhere in Reno, if there is, I don't know about it, but I should. Does Trader Joe's count? I love that store!


LOL. That's a great store!:biggrin:


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