ATM Metabolics, LLC's Statement Regarding Ongoing Emulin® Litigation
05/30/2019

ATM Metabolics Confirms Distribution Agreement with Holista/iGalen is Terminated

Online PR News – 30-May-2019 – Winter Haven, FL – On January 24, 2019, ATM Metabolics, LLC filed a federal lawsuit against Holista Colltech Limited ("Holista") in the United States District Court for the Southern District of California, case number 3:19-cv-00170-MMA-MDD, stemming from Holista's breaches of an Exclusive Product Management Agreement and Distribution Agreement (the "Agreement") previously in effect between the parties. This Agreement had provided Holista, and its distribution network partner, iGalen, Inc., with certain rights to market and sell Emulin®, the patented, revolutionary discovery which has improved the lives of individuals worldwide. However, due to Holista's repeated contractual breaches, including, but not limited to, its failure to pay ATM for the use of ATM's patented formulation, ATM terminated the Agreement and filed suit against Holista. As a result of ATM's termination of the Agreement, all of Holista's and iGalen's rights to use the Emulin® trademark, and to sell and market Emulin® branded products, have been terminated.

Nevertheless, and in direct contravention to Holista's post-termination obligations under the Agreement, Holista and iGalen have continued to unlawfully market and sell products under the Emulin® brand worldwide, and have refused to remit any payment to ATM for these unlawful sales. Worse, these unlawful sales are being made without ATM's involvement and without ATM being able to monitor and ensure the appropriate quality control measures are implemented on Emulin® product distributed by iGalen, which remains a high concern of ATM.

Consequently, on April 15, 2019, ATM filed an Amended Complaint asserting additional claims against Holista, iGalen, Dr. Rajen, and Kosta Gara (collectively the "iGalen Parties") for willful trademark infringement, willful trademark counterfeiting, and willful patent infringement, and has sought the issuance of an injunction. ATM is also pursuing the iGalen Parties for significant monetary damages due to their malicious conduct.

Although ATM prefers to conduct its legal matters professionally and privately, ATM has been forced to issue this Release to advise the public that iGalen's May 20, 2019 corporate announcement contains serious omissions and falsities that serve to greatly mislead the public, and which were made with the clear intent to irreparably damage the reputation of ATM and Dr. Ahrens with false information. Anyone who wishes to learn about the iGalen Parties' unlawful actions can access the publicly available Amended Complaint on the U.S. Court's PACER System, Case No. 3:19-cv-00170 (DMS-MDD), or at this link:
http://www.courtlistener.com/docket/14790281/atm-metabolics-llc-v-holista-colltech-limited/.

Finally, in light of ATM's termination of the iGalen Parties' rights under the Agreement and to use the Emulin® brand in any manner, ATM is compelled to note that any party associated or affiliated with any of the iGalen Parties who continue to engage in the illegal manufacture, marketing, and/or sale of Emulin® products subject themselves to potential liability for, at least, trademark and patent infringement. As such, all manufacturers, marketers, and bulk distributors act at their own risk should they elect to ignore this warning and continue to work in tandem with the iGalen Parties in the illegal manufacture, distribution, and sale of Emulin® through iGalen or Holista. In the meantime, Dr. Ahrens's original authentic formulation, Emulin®, may be lawfully obtained through Valentus.com.

Moving forward, ATM intends to keep its legal matters private, and to continue to allow the issues to be handled by the court system, and will not issue any further public statements unless hereafter absolutely necessary to correct the record should any one of the iGalen Parties again disseminate false and/or misleading information.

Any legal inquiries can be directed to Alexander D. Brown and Adam S. Goldman of The Concept Law Group, P.A., 6400 North Andrews Ave., Suite 500, Fort Lauderdale, FL 33309; Tel: 754-300-1500; Email info@conceptlaw.com.

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