CARLSBAD, Calif., Sept. 6, 2017 /PRNewswire/ -- Natural
Alternatives International, Inc. ("NAI") (NASDAQ: NAII), a leading
formulator, and marketer of customized nutritional supplements
announced today that it would appeal and vigorously contest
preliminary rulings by a California judge that some of NAI's
beta-alanine patents were not eligible for patent coverage. The
rulings ignored science and misapplied the law and NAI expects to
prevail on appeal. NAI sells its branded CarnoSyn® beta-alanine
product to customers throughout the
United States and in other countries. The CarnoSyn® product
is covered by a robust portfolio of trademark, copyright, and
patent rights.
The rulings came in cases filed by NAI against Allmax Nutrition,
Inc., HBS International Corp., Hi-Tech Pharmaceuticals, Inc., and
Creative Compounds, LLC for patent infringement and other claims.
The defendants moved to dismiss the patent claims, arguing that the
patents asserted by NAI at issue were invalid because they were
drawn to laws of nature or natural phenomenon. NAI presented the
court with well-established scientific evidence that the patented
invention was not drawn to a law of nature. NAI believes that
District Judge Marilyn Huff ignored
that evidence and misapplied the law in finding the dietary
supplement patents were not eligible for coverage. While the judge
ruled that U.S. Patent Nos. 5,965,596, 7,504,376, 7,825,084,
RE45,947, 8,993,610, and 8,470,865 were invalid, all but one of
those patents have already expired.
NAI said that it would appeal the district court's ruling to the
U.S. Court of Appeals for the Federal Circuit. NAI said that no
other court in the United States
has invalidated a human dietary supplement patent as covering a law
of nature. The NAI patents at issue invented taking beta-alanine as
a human dietary supplement in an effective amount over a period of
time to improve athletic and workout performance. The inventions
cover the novel process of forcing the body to produce and use
beta-alanine in a beneficial way.
Mark A. LeDoux, NAI's CEO and
Chairman of the Board, said that, "NAI is confident that the
appellate court -- which has much more experience in this area of
patent law -- will look at the body of science NAI put into the
record, properly apply the law, and find NAI's patents are valid."
LeDoux, who is also the current Chairman of the Natural Products
Association, said that, "The California judge's ruling, if not vigorously
contested on appeal, would adversely impact the supplement
industry. Telling our industry through the judicial system that it
cannot avail itself of U.S. patent laws to protect its substantial
investment in clinical research, product development,
substantiation and testing for innovative products and uses that
knowingly benefit consumers every day cannot stand and is very bad
public policy."
While the judge dismissed the patent claims, NAI's claims
against Allmax and HBS for their blatant infringement of NAI's
copyright, trademark and allegation of civil conspiracy, as well as
its trademark infringement and breach of contract claims against
Hi-Tech will continue. "NAI will, as it has in the past, always
forcefully enforce its rights," LeDoux concluded.
CONTACT – Kenneth Wolf, President
and Chief Operating Officer, Natural Alternatives International,
Inc., at 760-736-7700 or investor@nai-online.com.
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SOURCE Natural Alternatives International, Inc.