By Ann Palma —
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.

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