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Natural Alternatives International, Inc. Files Patent Infringement Claim Against DNP International Co., Inc.
posted by Natural Alterna... on Tue, 02/14/2012 - 13:00
SAN MARCOS, Calif., Feb. 14, 2012 -- Natural Alternatives International, Inc. ("NAI") (NASDAQ: NAII), a leading formulator, manufacturer and marketer of customized nutritional supplements, announced today that on February 6 it filed a claim for patent infringement against DNP International Co., Inc. in U.S. District Court for the District of Delaware. NAI alleges that DNP infringes U.S. Patent No. 8,067,381 ("the '381 patent"), entitled "Methods and compositions for increasing the anaerobic working capacity in tissues." The '381 patent was issued by the U.S. Patent and Trademark Office on November 29, 2011 and is part of NAI's worldwide portfolio covering CarnoSyn® beta-alanine. DNP becomes the latest in a series of '381 patent infringement claims brought against companies in the nutritional supplement industry, including Woodbolt Distribution, LLC (also known as Cellucor), F.H.G. Corporation (doing business as Integrity Nutraceuticals), Vitaquest International, Inc., (doing business as Garden State Nutritionals), BPI Sports, LLC and Image Sports, LLC.
NAI alleges that DNP supplies beta-alanine to nutritional supplement contract manufacturers, formulators and distributors in the United States. DNP imports its beta-alanine into the United States from China. Mark A. LeDoux, NAI's CEO and Chairman of the Board, said that "even though DNP has been aware of the new '381 patent since November 30, 2011, it has continued to engage in infringing activities. DNP knows full well that the only duly licensed distributor of NAI's CarnoSyn® beta-alanine product is Compound Solutions, Inc." He went on to say that "NAI will continue to protect and defend its valuable intellectual property portfolio." NAI is represented by the Washington, D.C. based law firm of Patton Boggs LLP.
NAI, headquartered in San Marcos, California, is a leading formulator, manufacturer and marketer of nutritional supplements and provides strategic partnering services to its customers. NAI's comprehensive partnership approach offers a wide range of innovative nutritional products and services to NAI's clients including: scientific research, clinical studies, proprietary ingredients, customer-specific nutritional product formulation, product testing and evaluation, marketing management and support, packaging and delivery system design, regulatory review and international product registration assistance. For more information about NAI, please see its website at http://www.nai-online.com.
This press release contains forward-looking statements within the meaning of applicable securities laws that are not historical facts and information. These statements represent our intentions, expectations and beliefs concerning future events, including, among other things, our expectations and beliefs with respect to our future financial and operating results, the outcome of pending litigation, the continued validity of our patents, and our ability to successfully develop, license and enforce our intellectual property rights. We wish to caution readers these statements involve risks and uncertainties that could cause actual results and outcomes for future periods to differ materially from any forward-looking statement or views expressed herein. NAI's financial performance and the forward-looking statements contained herein are further qualified by other risks including those set forth from time to time in the documents filed by us with the Securities and Exchange Commission, including our most recent Annual Report on Form 10-K and Quarterly Report on Form 10-Q.