Hi-Tech Pharmaceuticals Wins Again in Court

[burntreality]

http://www.prnewswire.com/news-relea...300514420.html

HTP wins another battle.

[VaughnTrue]

http://www.prnewswire.com/news-relea...300514420.html

htp wins another battle.

norcross, ga., sept. 6, 2017 /prnewswire/ -- today we eviscerated (5) natural alternatives international, inc. ("nai"; nasdaq: Naii) patents related to beta-alanine. Nai alleges to be a leading formulator, manufacturer and marketer of customized nutritional supplements. However, hi-tech had warned nai that their patent portfolio was bogus and they proceeded with filing a lawsuit anyway. Nai had sued dozens of supplement manufacturers and raw material importers over the past 5 years trying to intimidate them into stopping selling beta alanine.

The five beta alanine patents, issued by the u.s. Patent and trademark office is part of nai's portfolio covering carnosyn® beta-alanine. On september 16, 2016, plaintiff nai filed a complaint against hi-tech. (16-cv-2343-doc. No. 1.) subsequently, plaintiff filed a first amended complaint against hi-tech, alleging claims for: (1) breach of contract; (2) patent infringement; and (3) violation of the lanham act § 32. (16-cv-2343-doc. No. 21, fac 197-217.) in its claim for patent infringement against hi-tech, plaintiff alleges infringement of u.s. Patent nos. 5,965,596, 7,825,084, re45,947, 8,993,610, and 8,470,865. However, in a ruling by the honorable marilyn l. Huff all 5 listed patents were invalidated.

The supreme court has "'long held that this provision contains an important implicit exception[:] laws of nature, natural phenomena, and abstract ideas are not patentable.'" ass'n for molecular pathology v. Myriad genetics, inc., 133 s. Ct. 2107, 2116 (2013). The supreme court has devised a two-stage framework to determine whether a claim falls outside the scope of section 101." affinity labs of texas, llc v. Directv, llc, 838 f.3d 1253, 1257 (fed. Cir. 2016); see alice corp. Pty. V. Cls bank int'l, 134 s. Ct. 2347, 2355 (2014). "the prescribed approach requires a court to determine (1) whether the claim is directed to a patent-ineligible concept, i.e., a law of nature, a natural phenomenon, or an abstract idea, and if so, (2) whether the elements of the claim, considered both individually and as an ordered combination, add enough to transform the nature of the claim into a patent-eligible application."

thus, the five beta alanine patents acknowledges that beta-alanine is a natural occurring phenomenon. Accordingly, claim 1 of '084 patent is directed to excluded subject matter – specifically beta-alanine, a natural phenomenon – thereby satisfying step one of the alice inquiry. Here, the inventive concept described in claim 1 of the '084 patent is placing a specific dosage of beta-alanine into a human dietary supplement. See '084 patent at 22:26-29. The '084 patent acknowledges that placing a natural substance into a dietary supplement to increase the function of tissues is conventional activity. Because placing a natural substance into a human dietary supplement to increase the function of tissues when consumed is a conventional activity, employing a dietary supplement to administer beta-alanine – a natural phenomenon – to achieve a high level of carnosine synthesis in a human – applying a natural law – is insufficient to render the claims at issue patent eligible.

Additionally, hi-tech was awarded legal fees in 2017 from a similar dispute with thermolife.

Recently hi-tech finished driving a stake into the ground in our relentless fight against patent trolls – we were awarded our legal fees from the third most litigious patent troll in america – thermolife international and ron kramer" said jared wheat, president of hi-tech pharmaceuticals. To that end, hi-tech pharmaceuticals, inc. ("hi-tech") moved for attorney fees against plaintiffs the board of trustees of the leland stanford junior university and thermolife international, llc (collectively "plaintiffs") in accordance with the requirements set forth in federal rule of civil procedure 54(d)(2)(b), hi-tech pharmaceuticals recovered $913,370.006 in attorney fees and $25,071.46 in expenses.

Beginning in march 2013, thermolife filed eighty-one related patent infringement lawsuits in this court, including the instant case regarding hi-tech pharmaceuticals. The company prevailed in its argument that this case was "exceptional" due to the fact that plaintiffs (1) lacked a reasonable basis to allege infringement; and (2) pursued a file-and-settle strategy typical of "patent trolls" while simultaneously engaging in "questionable litigation conduct." hi-tech also successfully argued that this case is "exceptional" because of plaintiffs' aggressive litigation tactics; namely that thermolife and stanford sued many defendants in order to extract nuisance-value settlements, which is typical behavior for a "patent troll."

nai tried to get creative and argue that the inventive concept of the patents-in-suit is to "unnaturally over-supplement the normal/natural level of beta-alanine in the diet of an individual over time to force an override [in] the homeostatic nature of the individual's muscle tissue to achieve an unnatural high level of carnosine synthesis." but the court ruled that even assuming nai was correct, this inventive concept would still be insufficient to render the patents-in-suit subject matter eligible under § 101. This inventive concept as described by nai still only describes a natural law: The relationship between beta-alanine in an individual's diet with the carnosine synthesis that occurs in the individual's tissue.

Hi-tech hopes that after winning another high stakes patent case that companies would simply leave hi-tech alone. In the past 5 years hi-tech has been part of invalidating the following compounds: D-aspartic acid, l-citrulline, l-arginine, creatine nitrate and beta alanine. In sum, the '084 patent, the '947 patent, the '376 patent, the '596 patent, the '865 patent, and the '610 patent claim ineligible subject matter and, thus, are invalid under 35 u.s.c. § 101.16 accordingly, the court granted hi-tech' motions for judgment on the pleadings, and the court dismisses nai's claims for patent infringement with prejudice.

eviscerated

[dougefresh93]

HTP murdering Patent Trolls!

[Big_Spaz]

Dang that is a HUGE win!


I knew it was only a matter of time until these trolls got it. And they are getting it!






-Spaz

[fatboystick]

This does not surprise.

[diogonigri]

Amen to that!

[LoudyRowdy]

So basically those CEOs that spent money to have that fancy label on their tubs are suckers

[qstick99]

Killin em!

[PatrickValo86]

Yasssssssssss!!!!!!!!!!!!!!!!!

[danielmoo]

[mikaveli06]

Anyone care to elaborate what this does for consumers?

[VaughnTrue]

Anyone care to elaborate what this does for consumers?

nothing in reality. What it means is that NAI was charging companies for the rights to utilize BA in their formulas when they didn't have the right to do so. Nothing will change on the consumer side except MAYBE a slight decrease in BA pricing, but I doubt it

[eddiegoodfellar]

What happened with DMAA in the courts?

[VaughnTrue]

What happened with DMAA in the courts?

its still in motion currently. nothing has been decided either way

[BenBlue]

What happened with DMAA in the courts?

TFW you see "hi tech" and "court case" and "win", enter thread and realize it has nothing to do with dmaa

[compan]

TFW you see "hi tech" and "court case" and "win", enter thread and realize it has nothing to do with dmaa

HTP has come out on top of several non-DMAA cases lately it seems.

[LoudyRowdy]

TFW you see "hi tech" and "court case" and "win", enter thread and realize it has nothing to do with dmaa

inb4 more lawsuits at companies spiking their protein

[OT2000]

Carnosyn was suing over beta alanine usage? lol

[gbullock32]

Always good to see some good news come from these supp suits.

[fbcpastormk]

Another excellent win!!

[kissdadookie]

its still in motion currently. nothing has been decided either way

It's been decided. You guys literally had a summary judgement against your complaint. Then having subsequently filed a motion after that does not make a dent in the fact that the case thus far has been decided since the judge literally presented the decision when you guys lost the case. Hell, the motion that Hi-Tech filed to reconsider was DENIED. How is that not decided?

You guys basically have to hope that the court of appeals will take on your case but that's effectively another case which currently does not exist. The case that does exist, you guys lost already and were denied of your motion to reconsider.

Let's say someone does a hit and run. They go to court and is found guilty. That person gets sent to jail. That person wishes to take his case to the court of appeals. Does that person just run around free of jail until he goes through all the different levels of courts before it's decided that he was guilty and needs to serve time?

[compan]

HTP threads for some posters...

[VaughnTrue]

It's been decided. You guys literally had a summary judgement against your complaint. Then having subsequently filed a motion after that does not make a dent in the fact that the case thus far has been decided since the judge literally presented the decision when you guys lost the case. Hell, the motion that Hi-Tech filed to reconsider was DENIED. How is that not decided?

You guys basically have to hope that the court of appeals will take on your case but that's effectively another case which currently does not exist. The case that does exist, you guys lost already and were denied of your motion to reconsider.

Let's say someone does a hit and run. They go to court and is found guilty. That person gets sent to jail. That person wishes to take his case to the court of appeals. Does that person just run around free of jail until he goes through all the different levels of courts before it's decided that he was guilty and needs to serve time?

and an appeal was filed, and the court case is still active. if it wasn't, don't you think the FDA would be pretty far up wheats proverbial bunghole seizing DMAA raws?

Thus nothing has been finalized either way.


Hope you're having a great week

[kissdadookie]

and an appeal was filed, and the court case is still active. if it wasn't, don't you think the FDA would be pretty far up wheats proverbial bunghole seizing DMAA raws?

Thus nothing has been finalized either way.


Hope you're having a great week

Who knows what the FDA is doing. LoL. Maybe they are building a larger case, who knows, as far as the FDA is concerned, they have effectively cleared the market of DMAA products apart from what Hi-Tech is producing.

I'm also sure that an appeal has been filed but that is effectively trying to get a new case opened. The existing case which Hi-Tech loss is currently over and done with. Filing for an appeal does not make a difference in the decision of the original case unless the appeal case is accepted, for which at that point, yes the case is essentially reopened and active.

[VaughnTrue]

Who knows what the FDA is doing. LoL. Maybe they are building a larger case, who knows, as far as the FDA is concerned, they have effectively cleared the market of DMAA products apart from what Hi-Tech is producing.

I'm also sure that an appeal has been filed but that is effectively trying to get a new case opened. The existing case which Hi-Tech loss is currently over and done with. Filing for an appeal does not make a difference in the decision of the original case unless the appeal case is accepted, for which at that point, yes the case is essentially reopened and active.

so if/when the appeal is decided, we will know more information in regards to the situation at hand. Until then, DMAA flows freely as it should.

[Big_Spaz]

so if/when the appeal is decided, we will know more information in regards to the situation at hand. Until then, DMAA flows freely as it should.

And everyone continues to love DMAA, purchase products that contain it, new products are created including it ... all the while KDD sticks out his bottom lip and folds his arm and rams his foot into the ground.


Dude .... honestly .... just enjoy it. Sip some Mesomorph and let all your anger (and butthurt) go away. And then go train some arms




-Spaz

[kissdadookie]

And everyone continues to love DMAA, purchase products that contain it, new products are created including it ... all the while KDD sticks out his bottom lip and folds his arm and rams his foot into the ground.


Dude .... honestly .... just enjoy it. Sip some Mesomorph and let all your anger (and butthurt) go away. And then go train some arms




-Spaz

VT make a completely inaccurate statement, it was disinformation, I corrected him.

As for the FDA doing anything about it directly to Hi-Tech, that's completely up to the discretion of the FDA, the DECISION from the court is the DECISION. Currently there IS a decision on file and that decision is that DMAA is not a dietary ingredient. This only changes if there is 1) an appeals case and 2) Hi-Tech wins the appeal case. Right now all that has happened is Hi-Tech filed with the court of appeals (supposedly based on what VT is saying) but this means NADA as current with the legality and DECISION of the case you guys just lost.

What does everyone enjoying it have to do with the details on the legality and on the court decision which was already made? It's pretty sad and pathetic if your only argument is "Oh, you just mad, people love the stuff!" What does how I feel (or not feel) and if people like the ingredient have anything to do with the legality of the ingredient and the case you guys literally lost? Just because you bring it up doesn't magically make it so that what you've posted has anything to do with law, legality of ingredient, case decision, etc.

Has it never occurred to you that if you guys didn't sometimes post inaccurate/plain false information, I wouldn't have to come on here and point out as well as explain how you're posting inaccurate/plain false information?

[compan]

I'd like to speak on behalf of the board and thank you for your tireless effort protecting this forum from incorrect information.

[JohnSmeton]

Good to see Hi-tech winning. Thank you hi tech, we love you

[kissdadookie]

I'd like to speak on behalf of the board and thank you for your tireless effort protecting this forum from incorrect information.

You're welcome.