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Metabolic Activation Therapy |
Metabolic Industries
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Legal Issues Patents MAT®
(Metabolic Activation Therapy) treatment, is protected by
trade secret law and the patents listed below. Metabolic
Industries holds the exclusive worldwide (except Asia)
rights to license the patents.
Service Mark MAT® is a registered service mark owned by Dr. Thomas T. Aoki. (Trademark Registration 3,375,011, January 29, 2008.)
Pumps used in MAT® Treatments Bionica, Inc., purveyor of an infusion pump, has created some confusion with sales or licenses to pumps that may be used to administer MAT®. treatments. Bionica, Inc. may have incorrectly represented to others that it holds the right to license MAT® by virtue of a patent issued for a pump or that a Bionica pump contains the MAT® treatment. A Bionica pump is not required for MAT® treatment. Any of several other pumps can be used. MAT® treatment algorithms and medical procedures are licensed to Metabolic Industries and not Bionica, Inc. On September 20, 2004, a Nevada court ruled that Bionica has no right to market, license, or franchise MAT®. treatment. 2004 Preliminary Injunction Further, Metabolic Industries contends that Bionica has no right to sell pumps for MAT® treatment to any person or business other than those licensed by Metabolic Industries.
Litigation
Metabolic
Treatment Centers - A
Reno, Nevada company called Metabolic Treatment Centers,
Inc. of Nevada ("MTC") asserted certain license rights from
Metabolic Industries. On September 20, 2004, a Nevada court
essentially ruled that, although MTC had been in
negotiations with Metabolic Industries to license
MAT®,
called at that time Metabolic Activation Therapy. Those
negotiations did not result in an enforceable license
agreement. MTC therefore had no right to open its own MAT®
clinics or sell franchises for MAT®
clinics. See:
2004 Preliminary Injunction Trinity
Healthcare Systems - A Reno, Nevada company called
Trinity Healthcare Systems ("Trinity") received a license
for MAT®.
After Metabolic Industries learned that Trinity had treated
a patient in a manner that it deemed dangerous, Metabolic
Industries took steps to revoke the license. Following
trial, a jury held that Metabolic Industries did not have
the right to terminate the license agreement, and entered a
verdict against Metabolic Industries and in favor of
Trinity. However, the court subsequently ruled that Trinity
had elected to receive damages rather than continue its
license. Metabolic Industries therefore contends that
Trinity currently holds no license to MAT®.
Unlicensed use of MAT® treatment MI contends that any entity attempting to use MAT® treatment without a license and without the training and know how provided by MI , cannot expect to achieve the beneficial clinical results reported in medical journal articles by Dr. Aoki and others. MI is not responsible for any injuries suffered by patients as a result of unauthorized or incorrect use of MAT® treatment. The use of intravenous insulin is potentially lethal and must be administered under the oversight of a licensed physician trained in this. MI is not responsible for any claims by others regarding expectations of reimbursement for MAT® treatment or potential profit. It has been very difficult, frequently impossible, for clinics and physicians to receive reimbursement from medical insurance companies for this treatment. Many patients discovered, after months of MAT® treatment, that their insurance suddenly refuses to pay the treatment bill or demands the patient or clinic repay the insurer for past treatments! Appeals involving nonpayment have taken years.
Questions Companies and individuals may assert patent licenses, sublicenses, or other rights to franchise, practice or otherwise commercialize MAT® treatment If you have questions about licensing rights to MAT® treatment or insurance reimbursement for this therapy, please contact us. The following is a non-exclusive list of persons and companies involved in the litigation described above who may claim to have some rights to MAT®, but we contend hold no such rights: Bionica, Inc., John W. Duffel, III, and Melanie Kunz. For additional information, contact: Michael D. Hoy
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. Copyright © 2005-2009 Metabolic Industries. All rights reserved.
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