If you've wondered why there's a "new version" on the market:
http://64.233.167.104/search?hl=en&q=cache:L58gd0ASdEkJ:http://investing.businessweek.com/research/stocks/snapshot/snapshot.asp%3FcapId%3D184468+mars+mgp+greeniesMGP Ingredients Settles Dog Treat Lawsuit for $8 Million with Mars Inc
01/2/2008
"MGP Ingredients Inc. has agreed to settle for $8 million a 2-year-old lawsuit claiming a dog treat maker infringed on its patent. MGP Ingredients, which makes a number of food and beverage ingredients, sued
Mars Inc. in 2006 after the candy maker acquired S&M NuTec LLC. MGP provided ingredients for Greenies and claimed that Mars tried to end long-term supply agreements between the companies by saying it had developed a new formula for the dog treats. In the lawsuit, MGP claimed the formula was not different and infringed on its patents for the Greenies ingredients. Under the terms of the settlement, MGP received $8 million on Dec. 28 and agreed to dismiss the lawsuit. It said it would use the $8 million to pay off outstanding debt on a line of credit."
MGP Ingredients Inc. Gets $8 Million in Patent Suit Settlement from Mars, Incorporated
01/2/2008
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MGP Ingredients Inc. has received an $8 million settlement related to a lawsuit against
Mars, Incorporated and others over the formulation it developed to make the popular pet treats, Greenies. The litigation, filed two years ago, was over patent infringement and contract violations. The Atchison-based company, which makes food ingredients and distillery products, said it used the settlement to reduce its debt.
The company also said it has granted the other parties in the litigation a non-exclusive license to use the formulation it created for Greenies".
http://www.floridaipblog.com/archives/-patents-patent-protection-provides-long-and-short-term-growth-opportunities.htmlFlorida IP Blog January 2, 2008
"Here in Florida, elsewhere in the U.S., and abroad patents give businesses the platform they need for secure, profitable growth. Recently, this was seen clearly in Kansas by MGP Ingredients, which settled a patent infringement suit against Mars, Inc. in the amount of $8MM.
MGP holds a patent for ingredients used to make a widely popular dog treat called Greenies."According to CNN Money (January 2, 2008, CNN Money)
Mars purchased the company who make Greenies and subsequently tried to end long term supply agreements with MGP, claiming they had "developed a new formula for the dog treats." MGP disagreed and took Mars to court, winning their $8 Million settlement. They've agreed to give Mars and the makers of Greenies a non-exclusive license to their patent, which provides an opportunity for ongoing growth for MGP. And, as news of the settlement hit the media, their stock prices rose 3.1%, a nice short term win as well."
http://www.washingtonpost.com/wp-dyn/content/article/2008/01/02/AR2008010202946.htmlWashington Post January 3, 2008
Dog-Chew Dispute Settled
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MGP Ingredients, the biggest U.S. supplier of wheat gluten, received $8 million after settling a patent-infringement lawsuit against Mars over ingredients in snacks for dogs. "McLean-based Mars and its S&M NuTec unit, maker of Greenies chews, were sued by MGP in 2006.
MGP accused S&M, a former customer, of breaching a 2005 supply agreement for a formula with secret ingredients made by MGP. Mars, which bought S&M in 2006, contended that it came up with a new formula for Greenies. MGP said the formula wasn't new and claimed S&M used trade secrets and violated its patent for some of the ingredients."http://www.electronicdiscoveryblog.com/cases/mgp_ingredients.pdfCopy of the suit.