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CetylMax(R) and Flexadren(R) Win Federal Lawsuit - Court Rules Against Imagenetix
Date:6/22/2009

SAN DIEGO, June 22 /PRNewswire/ -- CetylMax, LLC and Flexadren, LLC, manufacturers and distributors of tablet form and topical Cetylated Fatty Acids (CFA's) products aiding in joint support and pain relief, announced today that Imagenetix (OTC Bulletin Board: IAGX), the manufacturer of Celadrin, did not prevail in its claims against CetylMax(R) and Flexadren(R), and misrepresented the nature and outcome of the Federal litigation between CetylMax(R) and Flexadren(R) and Imagenetix.

Imagenetix filed a Federal lawsuit against CetylMax(R) and Flexadren(R) on July 29, 2008 ("the Imagenetix lawsuit"), in the United States District Court for the Southern District of California. The Imagenetix lawsuit claimed that CetylMax(R) and Flexadren(R) had affronted the Lanham Act and California Business and Professions Code. CetylMax(R) and Flexadren(R) vehemently denied the Imagenetix lawsuit assertions, and immediately filed their own counterclaim lawsuit against Imagenetix ("the CetylMax/Flexadren lawsuit") in the same court.

On October 27, 2008, the parties appeared before the Honorable Judge William McCurine, Jr., for an Early Neutral Evaluation Conference (ENE). At that conference the parties mutually settled all of their respective claims, raised in both the Imagenetix lawsuit and the CetylMax/Flexadren lawsuit. The sole issue left for the Court to decide was whether any attorneys' fees should be awarded.

Following briefing by the parties' attorneys, on February 2, 2009, Judge McCurine ruled that Imagenetix was not entitled to any attorneys' fees. The Court concluded that Imagenetix had not succeeded on any of its claims against CetylMax(R) or Flexadren(R), and was thus not the prevailing party. Judge McCurine's decision cleared CetylMax(R) and Flexadren(R) of any bad faith or malice.

Roger LeFevre, Chief Executive Officer of CetylMax and Flexadren, commented, "both CetylMax(R) and Flexadren(R) have
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SOURCE Optimal Health Science
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