Max International hit with patent infringement lawsuit

by louabbott on February 21, 2010

Tripharma LLC files patent infringement lawsuit for $450 million

Though I can find no active website for Tripharma or any contact information, Tripharma appears to say this about themselves at Alibaba.com:

We are a US distributor and marketer of quality nutraceuticals and supplement products including without limitation, the new weight loss product Xellex and the female sexual dysfunction product Xzite.

Xellex was researched and developed at the University of Minnesota where it was awarded Two (2) patents and clinically tested at the University of Connecticut. There is no other product like it for safe, long term effective weight management. It is truly the HOLY GRAIL of over the counter weight loss products and will be available to the general public without a prescription for the first time via US DRTV commercials in May.

Evidently, Tripharma sells a product much like Max International’s MaxWLX product that helps to reset critical leptin sensitivity.  MaxWLX is one of three patented products from Max that include MaxGXL, a glutathione accelerator product, and N-Fuze, a multivitiamin, multimineral product that employs a patented nanotechnology delivery system.

Copy of the lawsuit is now available: Tripharma vs. Max International

I know Max believes they purchased all of the patent rights to this formula and breakthrough.  They have even defended what they perceive to be their rights.  So who is this Tripharma company?  Do they have some kind of valid claim?  It will be interesting to see how this lawsuit develops.

This is the latest statement from the Max Blog as of 2/24/2010:

On February 17, 2010, Tripharma LLC (“Tripharma”) sued Max International, LLC and various current and former Max executives and employees (collectively “Max”), along with various Max associates. The suit claims that Max allegedly improperly and falsely marketed, advertised, and labeled the MaxWLX product as being the subject of certain scientific tests or studies and as being licensed under United States Patent No. 6,899,892 (the “’892 patent”). The suit also claims that Max allegedly violated a marketing and supply agreement between Max and Tripharma by not purchasing a minimum amount of a viscous polysaccharide product for Max’s MaxWLX.

Tripharma is seeking money damages from Max. TriPharma also seeks an injunction prohibiting Max from continuing to advertise, market, and sell the MaxWLX product and from using the tests or studies for marketing, advertising, or other purposes.

With respect to the various distributors, Tripharma is not seeking money damages from Max’s distributors. Instead, Tripharma is only seeking an injunction prohibiting the associates from continuing to advertise, market, and sell the MaxWLX product, and from using the tests or studies for marketing, advertising, or other purposes.

Max believes the suit is without any merit, was filed for an improper purpose, was filed to attempt to damage Max’s reputation and business, and Max will seek, among other things, its attorneys’ fees and costs in defending the lawsuit. Max will vigorously defend itself, its business, its conduct, and its reputation in all lawful and appropriate manners, including, if appropriate, by filing counterclaims against Tripharma.

Also, see our overview of Max International here.

‘Whole Truth’ Disclosure: Lou Abbott, the author of this post, is a Max International Independent Associate at the Gold pin level and earns significant income from Max which may create a bias.
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{ 27 comments… read them below or add one }

Mike January 27, 2013 at 3:44 pm Thumb up 0 Thumb down 0

Hi Cristina. I am sorry to hear you cannot get your money back. I am a promoter of the number one weight loss and health Challenege in North America. This year we surpassed Jenny Craig and Nutrisystem. I am personally down 60lbs. We are expanding to Europe in the next few months. What I think you may like is our 90 Day money back results guarantee. We also pay out $10,000 to 10 people who lose 10 pounds each week. No pressure, but if you wish to contact me, I can send you a free sample and let you know the second we hit your shores if you like it. Take care and good luck

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Christina January 22, 2013 at 9:52 pm Thumb up 0 Thumb down 0

Hi, I just spent £60 on this, to find out it’s potentially a scam?
Wish there was a way to get my money back 🙁

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Juan December 15, 2010 at 10:16 am Thumb up 0 Thumb down 1

My daughter used WXL as directed for a month and gained weight! 15 pounds! Also…anybody know why GXL smells like old paper?

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chris November 27, 2010 at 10:27 am Thumb up 1 Thumb down 0

PLEASE…..anyone with even just one bottle of maxwxl…..I will purchase>>>>>contact me at email address….I will purchases as many as you have….

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JJ November 23, 2010 at 3:58 pm Thumb up 0 Thumb down 0

Ok, so I really like the MaxWLX. I lost maybe 3 or 4 lbs but could tell a difference in my body composition. I would like to continue to use this product or one like it. Honestly to be considerate of their costumers I think MaxWLX should at least refer them to a comparable product– based on the U Conn rearch. Anyone have any suggestions?

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troy mcgregor November 22, 2010 at 7:47 am Thumb up 2 Thumb down 0

I had the old product XELLEX and it work,d really good , but when i and a few other try maxwlx it was not the same , we didnt realy get results with it ,As For there New reformulation of Max Nfuse its got 3 grams of suger in it and is nothing like there old Water Based Nano Nfuse . And yes i am a max associate . Gxl is the only product worth looking at , but you can find other products simular . That do the same job

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louabbott November 22, 2010 at 10:06 am Thumb up 0 Thumb down 0

Thanks for the comment, Troy.

Let me bring you up-to-date . . .

While MaxWLX was a disappointment for many, the new MaxOne is a major step forward in the ability to raise our glutathione levels. MaxOne is powered by exclusive RiboCeine™ technology, which is backed by more than a dozen peer-reviewed articles.

RiboCeine is shown to be 300% more effective than NAC (N-acetyl-l-cysteine) in raising liver glutathione levels.

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WLX DEBATE April 16, 2010 at 3:23 am Thumb up 2 Thumb down 1

Well, I just got my WLX today and everything seems to be the same. Also, I had an old bottle of the WLX and compared the two. They seem the same to me. What in the world are some of these people up too???

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Trish April 7, 2010 at 10:39 pm Thumb up 2 Thumb down 6

I have just purchased Max wlx at 69 dollars per bottle. Then I found out about the lawsuit. I read the lawsuit and have tried several times to contact max international about the change in ingredients. I’ve not gotten an answer.
The ingredients on the bottle for maxwlx is Gucomannan!!!! That’s right, fiber! I can buy a bottle of Gucomannan in any drug store or health food store, 120 caps for 10.99!!
What i recieved is NOT the product (ingredients) max international is telling people about in all there clinical trials..there is no “proprietary” blend viscous polysaccharides and cetylated fatty acids.
This product is a SCAM!!!!
Trish

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John D March 17, 2010 at 12:20 pm Thumb up 5 Thumb down 0

Mr Sterling,

Appreciate your reflections and comments but once again, there seems to be a bias against Max that oozes out of each blog comment you leave.

Max pays some commissions weekly and others monthly. Max chooses to create a system that works for them, gets monies into the field on both a monthly and weekly basis and allows for financial viability for the long term.

I would be more concerned about how many checks have bounced, how many times checks never show up or are late, how difficult does the company make it for the field associates to stay at a certain pay level without trying to reinvent the wheel each month or do the ground rules change monthly to suit the whimsy of ownership.

I am a Max associate so you know my bias right up front (as stated above) and I know the following: To my knowledge no check has ever bounced, checks are in my mailbox exactly when they are supposed to be, I do not have to deal with the nightmare of rushing around each month trying to sign up fictitious people just to stay qualified etc., etc.

Whether you choose to align yourself with a company that pays on a daily, weekly, bi-weekly or monthly basis (or some combination of of the above) is nothing more than personal choice and has nothing to do with an MLM’s integrity or honesty.

Please, please, let’s spend time building up the companies we work with, reflecting pride in our industry to others and not sniping away at each other.

Have a great day John Sterling and blessings as your build your business with the company of your choice and we all take comfort in having an option to turn to in this economy!

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John Sterling March 15, 2010 at 12:59 pm Thumb up 1 Thumb down 3

Lou, is it not a fact that max intl’l pays their binary commissions once a month? I am not here to bash any companies. I am just curious why some companies can pay their binary commissions weekly while other companies pay monthly.
I was once an associate with Max. I have personally met the owners of Max Intl. I believe, as most do, that they mean well and have good intentions.
Lou, are you an independent associate with Max Intl?

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louabbott March 15, 2010 at 4:35 pm Thumb up 3 Thumb down 0

John,

Max does pay some commissions weekly, and some monthly. Can they pay all commissions weekly?
I am sure that that could if they though it important. Some companies do, so any can.

Is it important? I don’t think so.
I know great companies that only pay all commissions monthly.
I know of totally worthless companies that claim to pay daily.

It’s just a non-issue for me.
It sure doesn’t imply anything about the integrity or capability of the company, as you suggested.

Sorry to comment strongly on your comment. I am simply trying to keep the level of comment content high. Your comment was not well thought out, in my opinion.

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John Sterling March 11, 2010 at 12:58 pm Thumb up 0 Thumb down 7

If they were the “right company” and are really the “A company” they claim to be, why not for starters, pay the binary commissions out weekly to their distributors like other companies do? Please let me know. Thank you.

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louabbott March 11, 2010 at 1:17 pm Thumb up 8 Thumb down 0

John – are you saying that the frequency of payout on one part of a companies comp plan is somehow related to whether a company is a mission-driven company with integrity or not?

Remember all – this is the guideline for comments: “Thoughtful and constructive comments that benefit network marketing professionals and the industry will be accepted and published after review.”

And, I sure don’t want people making negative comments that seem solely motivated to tear down another company. Facts are good. Uninformed or poorly thought out and expressed opinions? Not so much. We sure don’t want to take on the tone of some of the forums out there where the discussions turn ugly, petty, and stupid very quickly.

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Lew Hendricks March 8, 2010 at 11:50 am Thumb up 8 Thumb down 0

My wife and I have been Associates with Max International since September, 2009. She started using MaxWXL product in November of last year. We did not realize that our 20 year old son (who has been using MaxGXL for several months and home for winter break,) started taking the WXL product BY MISTAKE, thinking it was Max Sport. He took it for only 4-5 days, and started to lose weight! I do agree that in this industry, people make remakes only for diversionary reasons. (“His/Her product is bad, but take a look at mine.”) We’ve met with the founders and leaders of Max International, and have come away knowing that we’re on board with the right company.

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John March 2, 2010 at 1:37 pm Thumb up 9 Thumb down 0

Aren’t blog sites fascinating! They allow anyone to post comments with absolutely no insight into the poster’s motivation, no determination of what is fact and fiction and give everyone, regardless of credibility, the same podium to speak from.

First of all, Kudu’s to Lou Abbott for once again having the courage and calmness to let it all get posted, even though some of the post’s are nothing more than laughable “entertainment”!

I am a Max International distributor and will not hide that association. (Hello out there, why are the one’s throwing mud at Max not indentifying the companies they work with – or, like watching a soap opera on TV do you just like to watch blog sites and be able to see your posts?!?)

Sorry I am so skeptical but there are a few well meaning people out there that, when reading some of these posts will actually believe them. Those folks are not privy to the real facts motivating some of the personal vendetta’s that get played out on these blogs.

Max owns the Exclusive Licensing rights to the product that Dr Keller created, Max GXL and in concert with Dr Keller brought that beautiful product to the market place. That is fact and that wording is congruent with everything Max has published and/or said corporately. Max had the exclusive rights on the key ingredient in WLX and at some point relinquished those rights to become one of several companies distributing a product with that ingredient. Once again, that is public knowledge and congruent with what Max has presented corporately. Max owns outright, the patents and technology associated with Cellgevity. Fact and public knowledge.

Anyone who has spent time with, or researched the Founders or management of Max International knows their Heart and Spirit. There are no skeletons in any closets and these folks are who they say they are.

Unfortunately, in trying to build a truly Great company in the Network Marketing Industry and striving to have only people of the highest level of integrity in the field representing Max, there have been many left by the side of the road that are, and will continue, to take every opportunity to deride Max.

It is sad that we, as a business community (Network Marketing) cannot just go out and talk about the merits of our companies and products without having to tear down someone else in the process.

Please, Mr. lunch room expert and all you others that know more than even the people involved in this suit, let the facts come out in court and let the rest of the story be told (and you must know that there is a BIG “Rest of the Story” waiting to be told!)

For Heaven’s sake, do you think that a group of business people that are responsible for billions of dollars of sales in various companies and that are as sharp as Max’s management team would be a party to some of the things that are floating around out there?

Let’s let the WHOLE story play out and let the “OTHER” side (including Tripharma’s motivation for even filing this suit) be told in the courts.

Thank you Lou for providing this forum and for being the ever observant source of news and dialog that you are for this industry!

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youre kidding me February 15, 2011 at 7:50 am Thumb up 0 Thumb down 0

For Heaven’s sake, do you think that a group of business people that are responsible for billions of dollars of sales in various companies and that are as sharp as Max’s management team would be a party to some of the things that are floating around out there?

ENRON? Billions of dollars and sharp. And what a party that was! Yes, I do think people would be part to the “things”.

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blackstone March 1, 2010 at 10:07 pm Thumb up 0 Thumb down 7

I can tell that the founders of Max are scared! I work in the same building and often eat lunch at two of the restaurants Fred and Greg eat at. I can tell you that a) They did not renew the license for WXL and 2) they did change the composition. Steve and Fred often speak openly and i can hear their conversations.

I was offered a position with Max this past summer. I investigated them quite thoroughly. I learned that Max International owns none of the products, they license the products from 3rd parties. WXL’s license was not renewed and the formulation was changed. I found 8 lawsuits on Pacer and saw how the management interacted and realized that this was a company set to implode. Now that they fired their master distributors, it makes you wonder.

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Amanda Washington February 24, 2010 at 9:03 pm Thumb up 0 Thumb down 0

Just saw the MAX statement. I clicked on the blog to comment but it’s not there? Did you see this statement posted today?

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Amanda Washington February 24, 2010 at 2:16 pm Thumb up 5 Thumb down 0

I just went to a meeting and was hoping to get involved with MAX. I have to agree with John that the founders seem outstanding. And I hope they truly are. That said; nobody comes right out and says I am being dishonest. It is always found out later. I have been taking Max WLX and haven’t lost any weight yet; but I am assuming this is because it’s only been 6 weeks. I was told it could take up to 8 weeks. But it does make me wonder if what Dennis said about it not being the “real” product has any merit.

The MAX family seems very warm and honest. I hope all of this is true.

Anyone involved with MAX that loves it or has had a bad experience please write me. I am a little taken back now.

Thanks 🙂 Just my two cents

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kathy s February 27, 2010 at 2:24 pm Thumb up 6 Thumb down 2

Hi Amanda,

Max is a very real company and product. I came from another company, with a great product but not the whole picture. Max offers a unique opportunity both in our product [huge] and the business.

Our products are all backed by patents and clinical research which prove their validity/efficacy. I do want to share with you though that if you are looking to lose fat, which is the important factor in weight loss, it may be in part due to toxins stored in your fat. I personally would be on MaxGXL at least in conjunction with WLX or by itself if you can only do 1. Go to the web and learn about GXL & Glutathione. It is critical for our health. GXL is a powerful detoxifyer and increases energy needed by every cell to do it’s ‘job’ most effectively. GXL is backed by double blind placebo controlled/crossover studies, wow what a mouthful, which prove it’s value for our health in 100% of people taking it. I have nothing to gain fom you, all I want is for your success, best health and life. Remember as you benefit and are blessed to pass it on… The Max opportunity is tri-fold: health and wealth, and personal growth, being part of something bigger than you. Blessings, Kathy

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John Chatman February 23, 2010 at 8:12 am Thumb up 10 Thumb down 2

Lou,
I have to tell you my friend just as an outsider not associated with Max International and knowing who is behind Max I would find it very hard to believe that they have done anything wrong.

I really respect their executive team and my initial gut reaction would be that these is just a really cheap ploy by Tripharma to obtain some inexpensive exposure in the marketplace.

Obviously this is just my opinion.

John

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Dennis Seem February 22, 2010 at 8:43 pm Thumb up 0 Thumb down 5

TriPharma is the company that Max got all of its rights to the product from. Max lost all of its rights along time ago for breaching its contract, but evidently they continued to see the product, substituting there own bogus ingredient yet continuing to use the patent, clinicals, trials, etc. They neglected to tell all of their distributors. I think they are going to have a big problem.

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louabbott February 22, 2010 at 10:26 pm Thumb up 3 Thumb down 0

Dennis – what is the source of your information?

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Dennis Seem February 25, 2010 at 1:06 pm Thumb up 6 Thumb down 4

Lou, my sources are those that were very involved with Max and Max’s license of the product it calls WLX. These are people that worked with and for Max. I’ve got very reliable information that Max lost its rights to market the product a long time ago. After it did Max scrambled to find a suitable, cheaper replacement product but there wasn’t another weight loss product available with the same kind of intellectual property and effectiveness. Basically Max was screwed, and it was worried about the negative reaction distributors would have if the product was discontinued. So the geniuses at Max decided to just substitute a phony, less costly, non-patented, non clinically studied, ineffective ingredient without letting the distributors in on the dirty little secret. It worked great for a while, because Max distributors never suspected a thing and Max improved margins. However now, with the new litigation, it looks like the chickens may be coming home to roost. Hey, but don’t take my word for it. Go talk to some people who had access to the original product and then the Max product. Ask them about the difference in results. You’ll be amazed at what you find. Better yet, try and find some of the ‘real’ product. When you do, break open a capsule of the real stuff and then break open a capsule of the Max product. They don’t even look the same. That’s because they’re not. What Max has done is like slapping a Mercedes badge on a Dodge Neon and calling it a Benz. Max committed patent infringement and fraud as well as violating the most significant FTC violations. Once the FTC, and the State Attorney General get wind of things, the TriPharma litigation may seem like a small problem. My sources tell me that some fraud recovery company is already on the case. Bottom line is that Max has been deceiving and ripping off its associates for a long time, but worst of all, Max has put the associates in legal harm’s way. This will really become a problem now that the details are public information and both the old and new associates are aware of the issue. The associates will no longer be able to claim that they didn’t know and if they continue to sell the product knowing it may be bogus could make them very liable.

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John Miller February 26, 2010 at 1:58 pm Thumb up 0 Thumb down 7

This is refreshing – It is good to hear the other side of the story since we very seldom get to hear that. I can fully believe this scenerio since why would any company waste there time filing a lawsuit if there wasn’t some smoke and where there is smoke there is usually fire. I purchased Steven’s book The Greatest Words Ever Spoken and he may have been an honorable or respected person but he has become a VICTUM OF HIS OWN COMPANIES GREED now through Max and I wish I could get my money back for that book. Lets face it we all know that the MLM’s use the 10 times multiple rule and if they are selling there diet of $70 you better believe they are only paying $6 for the product and packaging. Selling product at these multiple is a CRIME of GREED. I hope TriPharma gets ever penny of there lawsuit.

John C Miller

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kathy February 27, 2010 at 2:58 pm Thumb up 7 Thumb down 1

John,

Please wake up and smell the coffee. Pharmaceutical companies across the nations have their hands in everything. I believe a majority of our FDA has financial ties to big pharma, they’re supposed to be unbiased. ‘Drugs’ have enormous mark ups. They make multiple billions per year in profit without ever doing proper clinicals-drug against drug, even testing in the population in which the drug is intended for use. Serious consequences and toxic side effects.

I can’t say why Tri-Pharma would be suing Max, there are untold number of reasons the least of which could be to try and pressure a young company with products of significance to discredit them. I believe Steve Scott and management to be of integrity and do not believe they would knowingly portray a product in the light described above. Networking and Nutritional companies have been targets for those who have a grudge against these industies. It is also true that nutritional companies with proven products have definitely been targets as they are very real threats to pharma companies.

I personally am not taking WXL but do take MaxGXL and it is an amazing product. Check out CellGevity [Dr Herbert Nagasawa] and Max merger to find out the caliber of scientists and business professionals coming to Max. I can tell you Max is the place where I would invest my time and money because they have something truly beneficial for humanity in their product and opportunity. Do your due diligence…

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