International Flavors & Fragrances Inc. (NYSE: IFF) has settled all patent and non-patent claims brought by V. Mane Fils in the United States District Court for the District of New Jersey related to IFF´s marketing and sale of products containing Monomenthyl Succinate (MMS). See V. Mane Fils S.A. v. Int´l Flavors & Fragrances, Inc., 3:06-CV-02304 (D. N.J., filed 5/18/06).
Mane´s U.S. Patents Nos. 5,725,865 and 5,843,466 were issued in 1998 and cover the use of MMS as a cooling additive in food and beverage products. IFF acknowledges that Mane´s patents are valid and enforceable, and will honor those patents. Mane holds foreign counterpart patents in many countries around the world and sells MMS under the name Physcool®.
IFF previously sold MMS under the name Cooler 1 and sold flavor formulations containing Cooler 1. IFF also sold products under the name Cooler 2® or Monomenthyl Glutarate that contained levels of MMS. IFF sold products containing Cooler 1 and Cooler 2® as part of its larger promotional campaign called CoolTek.
Under the settlement agreement, (1) IFF will pay Mane a royalty of $40 million; (2) IFF has ceased making or selling Cooler 1 products; and (3) IFF will ensure that the MMS content of its Cooler 2® products going forward is at a level that has been agreed to by both parties.