Bass, Berry & Sims represented nutritional supplement manufacturing company, Natural Alternatives International, Inc. (Nasdaq: NAII), in a Federal Circuit Court of Appeals case in which our client had brought claims against rival Creative Compounds LLC, accusing Creative Compounds of infringing six of its patents covering various forms of beta-alanine and its use as a muscle-building supplement.
The Southern District of California had dismissed the suit, finding the patent claims to be directed toward a product of nature (beta-alanine) and a law of nature (that taking beta-alanine in sufficient quantities builds muscle) and thus patent-ineligible. On appeal, a split panel sided with our client, finding the district court applied too broadly the ineligibility doctrine of the “Alice/Mayo test” and that, although beta-alanine itself can occur as a natural substance, the claims containing beta-alanine as one aspect covered more than an unpatentable natural law.
Natural Alternatives International, Inc. and its subsidiaries formulate, manufacture, and package encapsulated and compressed tablets and powder blended vitamins and related nutritional supplements. The company, led by Mark A LeDoux, Kenneth E Wolf and Michael E Fortin, is based in US.
Bass, Berry & Sims represented Natural Alternatives International, Inc. with a team led by Matthew D. Zapadka (Picture).
Involved fees earner: Matthew Zapadka – Bass Berry & Sims;
Law Firms: Bass Berry & Sims;
Clients: Natural Alternatives International Inc;