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Fake Broccoli Sprouts?

SproutNet

International Specialty Supply

January 6, 2002

Dear Bob

"Hope this New Year 2002 finds all of you well. You might be interested in the following Letter to the Editor (reproduced below) that was written by Talalay and Fahey, and published in the Baltimore Sun on 13 November 2001.

There may be one or more factual falsehoods in this letter, but what I wish to focus on is the illogic contained in it... The following is a sentence you've probably heard before:

"Thus the effort to secure patent protection for sprouts containing high levels of these compounds was essential to ensure the public received broccoli sprouts with the potential to help them."

The sentence seems to imply that their patent on cruciferous sprouts containing "high levels" of sulforaphane, somehow keeps the "fakers" off the market, those "fakers" being ones who allegedly sold sprouts having low or zero levels of sulforaphane. Well, that is logically impossible on the face of it, of course. Their patents seemed to only give the right to exclude others from selling sprouts with "high" levels (or so they have argued at various times). This would theoretically leave the market in a free-for-all situation with regards to who could sell sprouts with "low" levels. (This does not take into consideration the misuse of a patent to threaten injunctions upon people who are non-infringers)."