Connelly
Connelly v. Hayashi CA4/3
Opinion
Opinion
Ikola, J.
FACTS
Connelly is a physician and leading expert in the field of human nutrition and metabolism. He is the inventor of the MET-Rx high protein, low-fat vitamin and mineral enriched drink. For more than a decade, Connelly has researched the development of medical products from specific dairy bioactive whey protein fractions to exploit their regenerative properties. In 2001, Connelly identified a specific dairy bioactive fraction, “lactoferrin,” and contracted with a research group to produce it. After receiving a suitable sample of the protein fraction, Connelly contracted with Brigham and Women’s Hospital in Boston to perform standard rodent testing using lactoferrin. The positive results from that study led Connelly to find a manufacturing partner to commercialize lactoferrin. That partner turned out to be cross-defendant Murray Gouldburn Co- 2 operative Co. (“Murray Gouldburn”), the largest processor of milk in Australia. Murray Gouldburn perfected industrial methodologies to produce a dairy protein fraction containing lactoferrin, called Whey Growth Factor Extract (“WGFE”). Connelly and Murray Gouldburn formed a joint venture and sold WGFE on a small scale under the brand…