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ESM Technologies and Biova Announce Settlement of Patent Litigation

Carthage, Missouri, and Johnston, Iowa, USA; October 30, 2012 — ESM Technologies, LLC (“ESM”) and Biova, LLC (“Biova”) have resolved their differences and have agreed that each can continue to market and sell their respective current products. Biova does not believe U.S. Patent No. 6,946,551 (“the ‘551 Patent”) was properly construed, is valid or infringed, but, to forego the need for further litigation or an appeal and to resolve the matter fully between the parties, Biova agrees that the claims as construed by the District Court would have covered Biova’s process, and the ‘551 Patent is valid and enforceable.

 About ESM Technologies, LLC

ESM Technologies, the leading supplier of eggshell calcium and eggshell membrane wellness ingredients, is the recipient of the 2011 North American Dietary Supplements for Joint Health New Product Innovation of the Year Award for their NEM® (Natural Eggshell Membrane). Located in Carthage, Missouri, the company researches, develops and manufactures high-quality branded ingredients from a traceable and sustainable supply of USDA-inspected facilities. ESM, an NSF GMP certified facility, uses a chemical-free, patented process that allows the introduction of innovative and unique ingredients to the marketplace: NEM® (Natural Eggshell Membrane) and ESC® (EggShell Calcium). For more information on ESM Technologies, please visit www.ESMingredients.com.

About Biova, LLC

Headquartered in Johnston, IA, Biova, LLC is a privately held developer of innovative egg-based products and supplier of branded ingredients for customers worldwide. Biova’s advanced R&D has yielded multiple patented processes; technology from which Biova produces and markets branded ingredients that deliver uniform activity profiles (e.g., >85% protein), including the leading—and only—water soluble egg membrane ingredients available. Sustainable production, plus partnerships with the world’s largest egg processors assures Biova vertical integration and an almost unlimited supply of US-domestic source raw material, i.e. the capability to scale to virtually any customer need. Target markets include cosmeceutical, pharmaceutical, animal health and nutraceutical applications.

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