Case5:03-cv-05090-JW Document 1-3 Filed 11/17/03 Page 1 of 3

EXHIBIT C

Case5:03-cv-05090-JW Document 1-3 Filed 11/17/03 Page 2 of 3

FOLEY & LARDNER FOLEY & LARDNER
ATTORNEYS AT LAW WASHINGTON HARBOUR
3000 K STREET, N.W., SUITE 500
JULY 25, 2003 WASHINGTON, D.C., 20007-5143
202-672-5300 TEL
202-672-5399 FAX
www.foleylardner.com

WRITER’S DIRECT LINE
202-672-5569
7001 2510 0003 2471 5004 smaebius@foleylaw.com EMAIL

CLIENT/MATTER NUMBER
080618-0161

VIA CERTIFIED MAIL
RETURN RECEIPT REQUESTED

Dr. Brian L. Kane
HERBALIFE INTERNATIONAL, INC.
P.O. Box 80210
Los Angeles, CA 90080

Re: U.S. Patent Nos. 5,217,997, 5,428,070, 5,891,459 and 6,117,872

View Complete Document

Dear Dr. Kane,

I write to introduce you to Unither Pharma Inc.’s portfolio of patents on the use of L-Arginine to improve human cardiovascular system.

Copies of Unither Pharma’s patents are enclosed for your convenience. These patents claim the use of L-Arginine for enhancing nitric oxide, improving human physical performance and treating high vascular resistance disorders and providing other cardiovascular-related benefits by enhancing the production of nitric oxide. Also, Unither Pharma recently expanded its portfolio with the enclosed publication of a patent application directed to formulations of L-Arginine in combination with nutrients that aid the creation of nitric acid in the human body. Certain claims of this application were recently allowed after consideration of a large volume of prior art references, and the new patent is expected to issue soon.

Unither Pharma considers its patents to be valuable intellectual property and is actively enforcing its rights. Last year, Unither Pharma sued Real Health Laboratories, Inc., makers of The VasoRect Formula, for infringing the subject patents. That suit settled when Real Health agreed to license these patents. Building on that success, Unither Pharma is now offering makers of L-Arginine-supplements a standard license to these patents on favorable economic terms.

Our investigations of your Internet advertising indicate that Herbalife should be interested in Unither Pharma’s standard patent license if it intends to continue selling and promoting its L-arginine-based products. Accordingly, I have enclosed a copy of this license for your consideration.

BRUSSELS DETROIT MILWAUKEE SAN DIEGO TAMPA
CHICAGO JACKSONVILLE ORLANDO SAN DIEGO/DEL MAR TOKYO 002.1049703.1
DENVER LOS ANGELES SACRAMENTO SAN FRANCISCO WASHINGTON, D.C.
MADISON TALLAHASSEE WEST PALM BEACH
Case5:03-cv-05090-JW Document 1-3 Filed 11/17/13 Page 3 of 3

July 25, 2003
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If you have any questions regarding this letter of the license, I invite you to write or call me at your earliest convenience. I look forward to hearing from you.

Sincerely,

Stephen B. Maebius

Encls.
USP 5,217,997
USP 5,428,070
USP 5,891,459
USP 6,117,872
US App. 2002/0151592
Model Patent License