Nikken responds to Imagenetix Lawsuit........

So obviously Nikken was getting bombarded with inquires as to its lawsuit with Imagenetix. Nikken felt obligated to post there lawsuit on the homepage of Nikken.com.

Here is a screenshot of the posting:

This is the message written by current President/CEO Kurt H. Fulle:


"Nikken is a pioneer and an industry leader in the wellness movement and has been for over 35 years. The company is committed to scientific research and development and is known for innovative products that combine science, nature, and advanced technology. Around the world, thousands have gained a dramatic improvement in the quality of life through Nikken products and the Nikken business opportunity.
Unfortunately, Nikken must make a response to even frivolous complaints, such as the one Imagenetix recently filed against Nikken. While we are certain that Nikken and its distributors will ultimately prevail in this lawsuit, we are well aware that such a result will take many months. In the interim, therefore, we wish to assure Nikken’s customers and distributors, and other members of the public, that this complaint is completely baseless and will be rigorously contested.
Nikken honors the legitimate patent rights of others and takes great care to make sure that it does not infringe any such patents, as Nikken has its own extensive portfolio of intellectual property of all types. We believe, however, that nothing Nikken or its distributors has done can constitute any infringement of Imagenetix’s asserted claims. Moreover, Nikken believes that the asserted patent may be invalid, and, in fact, claims nothing more than the dubious right to a treatment for osteoarthritis that was already long known to be a treatment for many major forms of arthritis.
We believe, based on the fact that Imagenetix has sued not only Nikken but several of its distributors with questionable claims, that Imagenetix is merely hoping to reap unwarranted rewards from Nikken and the several distributor insurance carriers that are duty bound to cover them.
We intend therefore to steadfastly litigate this frivolous action to its just conclusion and vindicate Nikken’s good name and reputation as well as its distributors’.
Sincerely,
Kurt H. Fulle"


Now what did you expect Nikken to say? That the lawsuit was a serious one since they were infringing on a patent? That they do not plan to prevail? That every Distributor needs to worry since it may affect them for selling the same products?

This is not the first time that Nikken has been sued for patent infringement and based on their history, they are not likely to prevail. And where did this happen before? With Amway of course (read my Amway v. Nikken post below) and Nikken ended up paying a settlement before it went to a Jury because Nikken was well aware of the fact that it would have lost.

And what response did Nikken have when Amway sued them? "We believe Amway's action to be an expression of frustration over its inability to compete with us in the marketplace," the statement said. "It's no secret that Amway sales have dropped dramatically in recent years, and the launch of the magnetic product appears to have been underwhelming."

Now with the Imagenetix lawsuit Kurt H. Fulle is claiming, "Unfortunately, Nikken must make a response to even frivolous complaints, such as the one Imagenetix recently filed against Nikken. While we are certain that Nikken and its distributors will ultimately prevail in this lawsuit,...."

Sounds more like they are trying to reassure people that they will be o.k. with nonsense and if history is indicative of what is to come, then Nikken and its Distributors will lose this lawsuit as well. There is even another case against Nikken for Patent infringement. Check out this lawsuit against Nikken: http://www.rfcexpress.com/lawsuits/patent-lawsuits/minnesota-district-court/58179/reshare-commerce-llc-v-close-to-my-heart-inc/summary/      - Not much has happened but it seems that Nikken continues to patent infringe. Does anyone else notice that pattern? 

My message to Nikken Distributors is careful, drinking Nikken's kool-aid may land you on the defense list as the lawsuit intends to go after Nikken Distributors who have not been mentioned (Read about it on my Imagenetix v Nikken lawsuit post).