Press Release:

Released October 21, 1999

Two additional patents issued for Johns Hopkins-developed broccoli sprouts

On October 19, 1999, the U.S. Patent and Trademark Office (PTO) issued two patents (5,968,505 and 5,968,567) to Paul Talalay, M.D., and Jed W. Fahey (and assigned to Johns Hopkins University) for the discovery of a method for making a food product containing broccoli sprouts rich in glucosinolates, particularly sulforaphane glucosinolate (referred to as "SGS"). These two patents are in addition to U.S. Patent 5,725,895 (the '895 patent) issued on March 10, 1998, for SGS-rich broccoli sprouts.

The two new patents cover a method of making a human food product containing broccoli sprouts that are rich in SGS and a method for increasing chemoprotective enzymes in the body by consumption of these broccoli sprouts. SGS has been studied extensively for its ability to activate the body's own defense mechanisms to help prevent the development of cancer. Johns Hopkins researchers discovered that broccoli sprouts can be produced with high concentrations of SGS and that SGS can boost the activity of chemoprotective enzymes in the body.

BPP is the exclusive world-wide licensee of this technology from Johns Hopkins University and makes these products available as BroccoSprouts^®.

Discoveries create consumer demand

The Johns Hopkins discoveries have spawned a new industry. Prior to the publication of this research in the Proceedings of the National Academy of Sciences USA in 1997, broccoli sprouts had not been produced commercially. Following the announcement of these discoveries, sprout growers quickly brought broccoli sprouts to the market. However, in order to ensure that scientifically-certified broccoli sprouts are available, BPP has licensed this technology to selected producers who must meet rigorous hygienic standards and supply products that are rich in SGS.

BPP takes legal action against unlicensed sprout growers infringing the patents

The patent system is designed to provide an incentive to researchers and their institutions to invest in work leading to new discoveries with public benefit. The PTO recognizes the patentability of novel and unobvious plants and food products, and routinely issues patents on these types of discoveries. The issuance of the Johns Hopkins patents reflects a recognition of the scientific discoveries made by Dr. Talalay and Mr. Fahey.

Numerous sprout growers have attempted to copy the BPP products based on the published Johns Hopkins' research. Johns Hopkins and BPP filed suit in federal court in Wilmington, Delaware in June, 1999, against a Pennsylvania company, The Sproutman, Inc., for infringement of the '895 patent.

Johns Hopkins and BPP are taking steps to amend this suit to add claims for infringement of the two newly-issued patents.

In a move to delay this suit, the defendant has asked the PTO to re-examine the '895 patent issued in 1998, arguing that it is invalid in view of several earlier publications describing home sprouting procedures for growing sprouts of broccoli and other plants. In granting the newly issued patents, the PTO considered and rejected publications upon which The Sproutman and others have relied. The PTO has confirmed the patentability of these discoveries over these prior publications.

Notably the two patent applications were reviewed by different examiners within the PTO, and both confirmed the patentability of the subject matter.

BroccoSprouts^® exclusively available from BPP-licensed growers

Research-based, 100 percent-natural broccoli sprouts that are assured of being rich in SGS are available in supermarkets as BroccoSprouts^® and Broccoli Sprouts Blends in packages displaying the Johns Hopkins patent number.

Only BroccoSprouts are the sprouts that Newsweek magazine described as "preventing cancer one crunch at a time" (April 26, 1999).