Court Report Supplement - October 18, 2012

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[author: Ann Palma]

Gavel About Court Report Supplement:  Periodically, we will report on biotech and pharma cases that were inadvertently omitted from our Court Report column.

Natural Alternatives Int'l, Inc. v. BPI Sports Holdings, LLC
4:12-cv-198; filed January 20, 2012 in the Southern District of Texas

• Plaintiff:  Natural Alternatives International, Inc.
• Defendant:  BPI Sports Holdings, LLC (d.b.a. BPI Sports, LLC and BPI Sports)

Infringement of U.S. Patent No. 8,067,381 ("Methods and Compositions for Increasing the Anaerobic Working Capacity in Tissues," issued November 29, 2011) based on BPI's manufacture, importation, use, offers for sale, and sale of products that contain beta-alanine, including 1.M.R.TM and bundled products and promotional offers that contain 1.M.R.TM.  View the complaint here.

Natural Alternatives Int'l, Inc. v. Image Sports, LLC
4:12-cv-194; filed January 20, 2012 in the Southern District of Texas

• Plaintiff:  Natural Alternatives International, Inc.
• Defendant:  Image Sports, LLC (d.b.a. Image Nutrition LLC)

Infringement of U.S. Patent No. 8,067,381 ("Methods and Compositions for Increasing the Anaerobic Working Capacity in Tissues," issued November 29, 2011) based on Image Sports' use, offers for sale, and sale of products that contain beta-alanine, including the ALARM TM line of products and the B.I.GTM High Speed Muscle Building Kit (which includes the ALARM TM product).  View the complaint here.

BPI Sports, LLC v. Natural Alternatives International, Inc.
0:12-cv-60167; filed January 30, 2012 in the Southern District of Florida

Declaratory Judgment of non-infringement, invalidity, and unenforceability of U.S. Patent Nos. 5,965,596 ("Methods and Compositions for Increasing the Anaerobic Working Capacity in Tissues," issued October 12, 1999), 6,172,098 (same title, issued January 9, 2001), 6,426,361 (same title, issued July 30, 2002), 6,680,294 (same title, issued January 20, 2004), and 8,067,381 (same title, issued November 29, 2011) based on BPI's manufacture, importation, use, offers for sale, and sale of products that contain beta-alanine, including 1.M.R.TM and bundled products and promotional offers that contain 1.M.R.TM.  View the complaint here.

Sequenom, Inc. v. Aria Diagnostics, Inc. et al.
12-cv-0189; filed January 24, 2012 in the Southern District of California

• Plaintiff:  Sequenom, Inc.
• Defendants:  Aria Diagnostics, Inc. and Isis Innovation Ltd. (Nominal Defendant)

Infringement of U.S. Patent No. 6,258,540 ("Non Invasive Prenatal Diagnosis," issued on July 10, 2001), licensed exclusively to Sequenom, based on the Defendants' use and performance of its non-invasive prenatal test using cell-free DNA circulating in the blood of a pregnant women, as described in the Defendants' Prenatal Diagnosis publication.  View the complaint here.

Sequenom, Inc. v. Natera, Inc. et al.
12-cv-0189; filed January 24, 2012 in the Southern District of California

• Plaintiff:  Sequenom, Inc.
• Defendants:  Natera, Inc., DNA Diagnostics Center, Inc., and Isis Innovation Ltd. (Nominal Defendant)

Infringement of U.S. Patent No. 6,258,540 ("Non Invasive Prenatal Diagnosis," issued on July 10, 2001), licensed exclusively to Sequenom, based on the Defendants' use and performance of its non-invasive prenatal paternity test to determine paternity by analyzing fragments of fetal DNA in a pregnant mother's blood drawn during pregnancy.  View the complaint here.

ThermoLife International, LLC v. MusclePharm Corp.
2:12-cv-228; filed February 1, 2012 in the District Court of Arizona

Infringement of U.S. Patent No. 7,777,074 ("Amino Acid Compounds," issued on August 17, 2010) based on the Defendant's importation, manufacture, use, and/or sale of products that contain creatine nitrate, including MusclePharm's Creatine.  View the complaint here.

 


DISCLAIMER: Because of the generality of this update, the information provided herein may not be applicable in all situations and should not be acted upon without specific legal advice based on particular situations.

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