Search Team

Search by Last Name
A
B
C
D
E
F
G
H
I
J
K
L
M
N
O
P
Q
R
S
T
U
V
W
X
Y
Z

Natural Alternatives International Inc. v. Allmax Nutrition Inc.

Representative Claim(s)

U.S. Patent No. 7,825,084

  1. A human dietary supplement, comprising a beta-alanine in a unit dosage of between about 0.4 grams to 16 grams,

wherein the supplement provides a unit dosage of beta-alanine.

U.S. Patent No. RE45,947

  1. A human dietary supplement for increasing human muscle tissue strength comprising a mixture of creatine, a carbohydrate and free amino acid beta-alanine that is not part of a dipeptide, polypeptide or an oligopeptide, wherein the human dietary supplement does not contain a free amino acid L-histidine, wherein the free amino acid beta-alanine is in an amount that is from 0.4 g to 16.0 g per daily dose, wherein the amount increases the muscle tissue strength in the human, and wherein the human dietary supplement is formulated for one or more doses per day for at least 14 days.

U.S. Patent No. 7,504,376

  1. [A composition, comprising:

glycine; and

  1. a) an amino acid selected from the group consisting of beta-alanine, an ester of beta-alanine, and an amide of beta-alanine, or
  2. b) a di-peptide selected from the group consisting of a beta-alanine di-peptide and a beta-alanylhistidine di-peptide,

wherein the composition is a dietary supplement or a sports drink],

wherein the dietary supplement or sports drink is a supplement for humans.

U.S. Patent No. 5,965,596

  1. A method of regulating hydronium ion concentrations in a human tissue comprising:

providing an amount of beta-alanine to blood or blood plasma effective to increase beta-alanylhistidine dipeptide synthesis in the human tissue; and

exposing the tissue to the blood or blood plasma, whereby the concentration of beta-alanylhistidine is increased in the human tissue.

Posture:

Motion to dismiss

Exception Categories: Law of Nature, Natural Phenomenon

’084 Patent, Claim 1

“Beta-alanine is the only ingredient of the supplement reference in the language of claim 1. Thus, beta-alanine is the focus of the claim”

“[The] specification explains that beta-alanine is an amino acid, and is ‘present in the muscles of humans and other vertebrates.’ Thus the, ’084 patent acknowledges that beta-alanine is a naturally occurring phenomenon. Accordingly, claim 1 . . . is directed to excluded subject matter – specifically beta-alanine, a natural phenomenon.”

“[C]laim 1 is directed to the natural phenomenon of beta-alanine even though the claim is implemented using a ‘human dietary supplement.’”

’947 Patent, Claim 34

“Claim 34 claims a mixture of beta-alanine, creatine, and a carbohydrate. Beta-alanine is a naturally occurring phenomenon. In addition, the specification . . . discloses that creatine is also a naturally occurring phenomenon. Further, a carbohydrate is also a naturally occurring phenomenon. Thus, claim 34 is directed to . . . the natural phenomena of beta-alanine, creatine, and carbohydrates.”

’376 Patent, Claim 6

“Beta-alanine is a naturally occurring phenomenon. In addition, the specification . . . discloses that glycine is also a naturally occurring phenomenon. Thus, claim 6 is directed to excluded subject matter, specifically beta-alanine, a natural phenomenon, and glycine, a natural phenomenon.”

’596 Patent, Claim 1

“[T]his claim is directed to a law of nature, specifically the principle that ingesting beta-alanine, a natural substance, will increase carnosine concentration in tissue and, thereby, aid in regulating the hydronium ion concentration in the tissue.”

“There is nothing in the claim language requiring that the carnosine concentration achieved by the method be at unnatural levels. Moreover, there is nothing in the claim language requiring that the beta-alanine used in the method come from non-natural sources.”

Significantly More: No

’084 Patent, Claim 1

“Because placing a natural substance into a dietary substance is a conventional activity, employing a dietary supplement to administer the beta-alanine, a natural phenomenon, is insufficient to render claim 1 patent eligible.”

’947 Patent, Claim 34

“[M]ixing beta-alanine, a natural phenomenon, with a carbohydrate and creatine, two other natural phenomena, and placing that mixture in a human dietary supplement, a conventional activity, is insufficient to render claim 34 patent eligible.”

’376 Patent, Claim 6

“Under the Supreme Court’s decision in Funk Bros., mixing beta-alanine, a natural phenomenon, with glycine, a natural phenomenon, and placing that mixture in a human dietary supplement, a conventional activity, is insufficient to render claim 6 patent eligible.”

’596 Patent, Claim 1

“[T]he language in claim 1 simply acknowledges the natural law that providing beta-alanine to human tissue will increase the carnosine concentration in the tissue and aid in regulating hydronium ion concentration, and then merely instructs to do so. This is insufficient to render the claim patent eligible.”