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  1. #1
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    Mar 2015
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    6

    Sioux Pharm, Inc. - Low Grade Chondroitin Sulfate Manufacturer

    SIOUX PHARM INC., should be restrained from making any statements likely to
    discredit the Applicant, SUMMIT NUTRITIONALS INTERNATIONAL INC., and its product and be further restrained from introducing Chondroitine Sulphate into the European market that does not comply fully with the purity requirement of at least 90% of this product and, in the case of pharmaceutical grade chondroitine sulphate, which does not comply with the other requirements applicable to that grade of product.


    To The Honorable Judge of
    the Lisbon District Court

    SUMMIT NUTRITIONAL INTERNATIONAL
    INC., branch in Portugal, Juristic Person
    Number 980413672, with its domicile in
    Lisbon, at Empreendimento Nova
    Amoreiras – Palácio- 3ºpiso, secção 9, Rua
    Artilharia 1, 71-77, 1250-038 Lisboa,
    Portugal

    Hereby commences non-typified interlocutory
    injunction proceedings against,

    Sioux Pharm, Inc., an American company
    with its registered office in 121 19th Street SW
    Sioux Center, IA 51250, Iowa, United States of America

    in the following terms and on the following
    grounds,

    1

    The Applicant, SUMMIT NUTRITIONALS INTERNATIONAL INC., is a
    commercial company, with its registered office in New Jersey, USA, which, via
    its branch in Portugal, is in the business of the commercialization in the
    European Union of chondroitine sulphate with the brand name DROI-KON,
    which it imports from the USA.

    2

    The product commercialized by the Applicant, SUMMIT NUTRITIONALS
    INTERNATIONAL INC., is food grade chondroitine sulphate, which is subject to
    a purity requirement that it must contain not less than 90% of chondroitine
    sulphate. There is also pharmaceutical grade chondroitine sulphate on the
    market, which must not only have the same minimum chondroitine sulphate
    content, but is also required to comply with certain requirements of the USP
    (USA Pharmacopeia). As clarified in the information attached as document no.1.
    which contents are incorporated by this reference.

    3

    The Applicant, SUMMIT NUTRITIONALS INTERNATIONAL INC., habitually
    acquires the product it commercializes from the manufacturer EAGLE
    LABORATORIES INC., whose plant is located in the State of IOWA in the USA.

    4

    The Respondent, Sioux Pharm, Inc., is a commercial company with its
    registered office in the said state of IOWA, which is in the business of the
    manufacture and commercialization of pharmaceutical grade chondroitine
    sulphate under the CHONDROPURE brand name, among other products.

    5

    Food grade chondroitine sulphate is commercialized in Europe at a price
    between twenty and thirty euro/kilo, while the price of the pharmaceutical grade
    product is more than one hundred euro/kilo.

    6

    The product commercialized by the Applicant, SUMMIT NUTRITIONALS
    INTERNATIONAL INC., is submitted by it for analysis by laboratories accredited
    by the FDA - Food and Drug Administration in the USA, and these analyses
    have always shown the existence of at least 90% of chondroitine sulphate in the
    samples, i.e., the product’s required purity level. Certificate of analysis, and
    reports of 5 analysis referred in this certificate, are attached as document no.2
    to 7, which contents are incorporated by this reference.

    7

    The Applicant’s clients in Europe, of which there are more than twenty, also
    conduct analyses of samples of the product supplied by the Applicant SUMMIT
    NUTRITIONALS INTERNATIONAL INC., at laboratories selected by them. As at
    the date hereof, none of the said clients have complained regarding the purity of
    the product and they have always expressed their total satisfaction with the
    quality of the product supplied by the Applicant, SUMMIT NUTRITIONALS
    INTERNATIONAL INC.

    8

    It is important to highlight that the Applicant, SUMMIT NUTRITIONALS
    INTERNATIONAL INC., acquired from the extremely demanding “Better
    Business Bureau Serving New Jersey”, the accreditation as a company that
    uses business practices according to ethics in advertisement, in sales and in
    commercial relationships with clients, as displayed in the certificate attached as
    document no.8, which contents are incorporated by this reference.

    9

    It is noteworthy that the methods of analysis appropriate to the analysis of the
    food grade product differ from those appropriate to the analysis of the
    pharmaceutical grade product. Furthermore, if analysis methods appropriate to
    the analysis of the pharmaceutical grade product are used to analyze the food
    grade product, the results obtained can show a purity level which is less than
    the required level.

    10

    In an industrial and commercial dispute with the Applicant's said supplier, the
    Respondent, Sioux Pharm, Inc., commenced legal proceedings in IOWA in
    which it complains of acts of industrial espionage and of the adulteration of
    chondroitine sulphate by EAGLE LABORATORIES INC., via the addition of
    maltodextrin.

    11

    The Respondent, Sioux Pharm, Inc., also claims in the said legal
    proceedings that the Applicant, SUMMIT NUTRITIONALS INTERNATIONAL
    INC., and another company, which is also a client of Eagle Laboratories,
    together with latter have diluted chondroitine sulphate with maltodextrin. This
    claim is manifestly untrue as the Respondent, Sioux Pharm, Inc., is well
    aware that the Applicant, SUMMIT NUTRITIONALS INTERNATIONAL INC., is
    not a manufacturer and that it merely commercializes the product it acquires
    from manufacturers.

    12

    The Applicant, SUMMIT NUTRITIONALS INTERNATIONAL INC., has no
    reason to believe that its supplier EAGLE LABORATORIES INC. adulterates
    the product, but can assert that even if its said supplier is guilty of the said
    conduct, there is no adulteration of the product supplied to the Applicant,
    SUMMIT NUTRITIONALS INTERNATIONAL INC., as is clear from the analyses
    systematically carried out by both the Applicant, SUMMIT NUTRITIONALS
    INTERNATIONAL INC., and its clients.

    13

    On the false assumption that the Applicant, SUMMIT NUTRITIONALS
    INTERNATIONAL INC., commercialized an adulterated product and that it has
    contributed to the said adulteration, the Respondent, Sioux Pharm, Inc.,
    accuses the Applicant, SUMMIT NUTRITIONALS INTERNATIONAL INC., of
    unfair competition and seeks that damages be awarded against the Applicant,
    SUMMIT NUTRITIONALS INTERNATIONAL INC., with regard to the loss and
    damage suffered by the Respondent, Sioux Pharm, Inc., which loss and
    damage it neither specifies not quantifies, and that the Applicant, SUMMIT
    NUTRITIONALS INTERNATIONAL INC., be freezed from diluting chondroitine
    sulphate and from distributing or selling diluted chondroitine sulphate, and
    further that the Applicant’s business in competition with the Respondent, Sioux Pharm, Inc., restrained or suspended at least while the proceedings are
    pending, which latter claim is manifestly excessive in the light of the facts
    pleaded.

    14

    The Respondent’s latter claim is a clear illustration of its real objective, which is
    to achieve a monopoly, or quasi-monopoly, in the market for the product in
    question, reduced to pharmaceutical grade, which is something that a remedy,
    which is merely corollary to the facts pleaded, i.e. that the Applicant, SUMMIT
    NUTRITIONALS INTERNATIONAL INC., be restrained from commercializing
    the adulterated product, would not permit it to achieve.

    15

    Given the fact that the Respondent, Sioux Pharm, Inc., also commercializes
    its product in the EU, the Applicant, SUMMIT NUTRITIONALS
    INTERNATIONAL INC., has good reason to fear that the Respondent, Sioux Pharm, Inc., which also has clients in this market, will seek to perturb the
    activity of the Applicant’s branch in Portugal, via false statements intended to
    discredit it, i.e. false descriptions of the quality of the product commercialized by
    the Applicant, SUMMIT NUTRITIONALS INTERNATIONAL INC., which
    amounts to anti-competitive conduct that is contrary to the honest custom and
    practice in any economic activity.

    16

    Given the great difference between the price of the product commercialized by
    the Respondent, Sioux Pharm, Inc., and the product commercialized by the
    Applicant, SUMMIT NUTRITIONALS INTERNATIONAL INC., it is easy to
    comprehend the Respondent’s, Sioux Pharm, Inc., interest in discrediting the
    Applicant, SUMMIT NUTRITIONALS INTERNATIONAL INC., or even in
    eliminating companies from the market that supply a market segment with a
    much lower prices, which will only have recourse to the Respondent’s, Sioux Pharm, Inc., product, when the uses of the product or the requirements of the
    end clients cannot at all be satisfied by the food grade product.

    17

    Furthermore, the Respondent’s, Sioux Pharm, Inc., conduct is not limited to
    this unfair competition, to which it has already had recourse in the legal
    proceedings in IOWA. The Respondent’s, Sioux Pharm, Inc., greed is such
    that it adulterates its own product in order to increase its profits, not only by
    increasing its sales through the elimination of the Applicant, SUMMIT
    NUTRITIONALS INTERNATIONAL INC., from the market but also by reducing
    its production costs by adulteration of the product.

    18

    The adulteration of the Respondent’s, Sioux Pharm, Inc., product, for which
    only the Respondent, Sioux Pharm, Inc., can be responsible, was noted by
    the Applicant, SUMMIT NUTRITIONALS INTERNATIONAL INC., via an
    analysis of the contents of a package clearly identified as Chondropure,
    supplied by the Respondent, Sioux Pharm, Inc..

    19

    This package was supplied by the Respondent, Sioux Pharm, Inc., to a
    company that is also a food grade client of the Applicant, SUMMIT
    NUTRITIONALS INTERNATIONAL INC., and was made available by the said
    company for analysis by the Applicant, SUMMIT NUTRITIONALS
    INTERNATIONAL INC.

    20

    The analysis of the said product by an independent laboratory approved by the
    FDA, showed that the product supplied by the Respondent, Sioux Pharm, Inc., does not even comply with the requirements applicable to the food grade
    product, as the chondroitine content of the product was only 24.90% and also
    does not comply with other requirements applicable to the pharmaceutical
    grade product, as result from the analysis report from the 4th March 2015, and
    from the identification of the analyzed sample, which are attached as
    documents no. 9 and no. 10 which contents are incorporated by reference.

    21

    By selling the said non-compliant product that lacks the required characteristics
    and does not meet the expectations of the Respondent’s, Sioux Pharm, Inc.,
    clients and lacks the characteristics announced by the Respondent, Sioux Pharm, Inc., it is also guilty of unfair competition on the grounds of false
    description or incorrect indication of the product’s quality and use.

    22

    The Applicant, SUMMIT NUTRITIONALS INTERNATIONAL INC., is entitled to
    carry on its lawful and transparent economic activity in the European market in
    fair competition with the other operators in this market and to be protected from
    perturbations caused by operators that act in violation of the honest practices of
    this business.

    23

    The Respondent’s, Sioux Pharm, Inc., stigmatized conduct causes the
    Applicant, SUMMIT NUTRITIONALS INTERNATIONAL INC., to fear that it will
    apply them in order to wrongfully interfere with and perturb its business in the
    European market.

    24

    The Applicant’s fear is amply justified by the Respondent’s, Sioux Pharm, Inc., said conduct and fully justifies the grant of appropriate interlocutory
    injunctions in order to protect the Applicant’s threatened right.

    25

    In this case, the interlocutory injunctions sought are that the Respondent,
    Sioux Pharm, Inc., be restrained from making any statements likely to
    discredit the Applicant, SUMMIT NUTRITIONALS INTERNATIONAL INC., and
    its product and that it be further restrained from introducing chondroitine
    sulphate into the European market that does not comply fully with the purity
    requirement of at least 90% of this product and that, in the case of
    pharmaceutical grade chondroitine sulphate, which does not comply with the
    other requirements applicable to that grade of product.

    26

    The risk of harm that the Applicant, SUMMIT NUTRITIONALS
    INTERNATIONAL INC., seeks to prevent is the risk that the Respondent,
    Sioux Pharm, Inc., will cause irreparable harm, or harm that is difficult to
    remedy, to it, by affecting its reputation for honesty and the reputation of its
    product, by raising doubts as to the purity thereof, and that this will have an
    inevitable effect on the Applicant’s clients and is likely to result in a drastic
    reduction of its sales and in its replacement by competitors, which it would
    subsequently be difficult, if not impossible, to dislodge.

    27

    The said risk is not specifically provided for in any of the interlocutory injunctions
    typified in the law.

    28

    It is important to refer, due to the predictable behavior of the Respondent,
    Sioux Pharm, Inc., not granting the protective order, matters to the Applicant,
    SUMMIT NUTRITIONALS INTERNATIONAL INC, who has always showed in its
    behavior transparency, strictness and the following the rules and honest
    practices of the branch of the commercial activity they are inserted, enormous
    damages, leading to a sales reduction and damaging its credibility in the market.

    29

    On another hand, from the granting of the protective order, which will not be
    more than demanding from the Respondent, Sioux Pharm, Inc., acts
    accordingly to the honest practices of the practiced activity, mainly by avoiding
    the adulteration of the commercialized product, no damage, obviously can result
    to the Respondent, Sioux Pharm, Inc.

    Accordingly and on such other
    grounds as this Honorable Court
    finds on its own motion, the
    Respondent, Sioux Pharm, Inc.,
    should be restrained from
    making any statements likely to
    discredit the Applicant, SUMMIT
    NUTRITIONALS
    INTERNATIONAL INC., and its
    product and be further restrained
    from introducing Chondroitine
    Sulphate into the European
    market that does not comply fully
    with the purity requirement of at
    least 90% of this product and, in
    the case of pharmaceutical
    grade chondroitine sulphate,
    which does not comply with the
    other requirements applicable to
    that grade of product.
    The Applicant requests that this
    petition is served to the
    Defendant in the terms of the
    Hague Convention 15 November
    1965 in order for the Defendant
    to oppose to this petition within
    the legal delay.

    This protective order is requested as a preliminary to the action of
    condemnation of the Respondent, Sioux Pharm, Inc., in the same terms
    requested in this petition.

    Evidence:

    Witness: Ana Santos, married, manager, with address at Empreendimento Nova
    Amoreiras, Palácio – 3º Piso/Secção 9 Rua Artilharia 1, 71-77, 1250-038
    Lisboa, Portugal

    The attorney
    Henrique Abecasis

    Official Court Documents
    http://sioux-pharm-inc.pissedconsume...319610631.html

    https://drive.google.com/open?id=0Bx...YWc&authuser=0

    https://drive.google.com/open?id=0Bx...M28&authuser=0

    https://drive.google.com/open?id=0Bx...QzA&authuser=0

    https://drive.google.com/open?id=0Bx...Z1E&authuser=0

    https://drive.google.com/open?id=0Bx...bkE&authuser=0


    YouTube Video Evidence

    https://www.youtube.com/watch?v=jOMCpR7g-g4

    https://www.youtube.com/watch?v=dh-H4icx2xA

    https://www.youtube.com/watch?v=3CWPJy1cq20

    https://www.youtube.com/watch?v=HRvx8mL76xo

  2. #2
    Join Date
    Apr 2015
    Posts
    182

    Re: Sioux Pharm, Inc. - Low Grade Chondroitin Sulfate Manufacturer

    The Applicant’s clients in Europe, of which there are more than twenty, also
    conduct analyses of samples of the product supplied by the Applicant SUMMIT
    NUTRITIONALS INTERNATIONAL INC., at laboratories selected by them.

  3. #3
    Join Date
    Mar 2015
    Posts
    6

    Re: Sioux Pharm, Inc. - Low Grade Chondroitin Sulfate Manufacturer

    Summit Nutritionals International, Inc of New Jersey is victorious in their legal battle against Sioux Pharm, Inc of Sioux Center, Iowa. As of October 2, 2015, Dr. Allan Kramer, President of Sioux Pharm, Inc, has formally withdrawn all claims made against Summit Nutritionals International in Case No. LACV 023704 in the Distict Court in and for Woodbury County, Iowa.

    In addition, Sioux Pharm retracts all allegations made against Summit Nutritionals International.

    For more information regarding the recent victory of Summit Nutritionals against Sioux Pharm, please visit the following links.

    https://youtu.be/3s2_LdrkHzE

    https://www.youtube.com/watch?v=HiNmCtBkvOc


    https://drive.google.com/open?id=0Bw_vbILKB2esbXRYMnJfT0dQOTA

    http://summitnutritionals.com/sioux-pharm-inc-withdrawal-of-claims-and-retraction-of-allegations-against-summit-nutritionals-international-inc/


    http://summitnutritionals.net/sioux-pharm-inc-withdrawal-of-claims-and-retraction-of-allegations-against-summit-nutritionals-international-inc/


    http://americanchondroitin.com/sioux-pharm-inc-withdrawal-of-claims-and-retraction-of-allegations-against-summit-nutritionals-international-inc/


    http://usachondroitin.com/sioux-pharm-inc-withdrawal-of-claims-and-retraction-of-allegations-against-summit-nutritionals-international-inc/


    http://summitnutritionalsinc.com/sioux-pharm-inc-withdrawal-of-claims-and-retraction-of-allegations-against-summit-nutritionals-international-inc/


    http://droi-kon.com/sioux-pharm-inc-withdrawal-of-claims-and-retraction-of-allegations-against-summit-nutritionals-international-inc/


    http://sioux-pharm-inc-and-sioux-pharm-biochemical.pissedconsumer.com/summit-nutritionals-vs-sioux-pharm-inc-withdrawal-of-claims-and-retraction-of-allegations-20151010713890.html


    http://www.scam.com/showthread.php?685246-Summit-Nutritionals-International-vs-Sioux-Pharm-Inc-Withdrawal-of-Claims-and-Retraction-of-Allegations&p=1887042#post1887042

    https://summitnutritionals.wordpress.com



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