Natural Alternatives International, Inc. Announces Texas Suit Against Woodbolt Distribution, LLC (Cellucor) And Two Of Its Contract Manufacturers For Infringement Of NAI's Newly-Issued Patent Covering CarnoSyn® Beta-alanine
SAN MARCOS, Calif., Dec. 22, 2011 /PRNewswire/ -- Natural Alternatives International, Inc. ("NAI") (NASDAQ: NAII), a leading formulator, manufacturer and marketer of customized nutritional supplements, announced today that on December 21 it sued Woodbolt Distribution, LLC, also known as Cellucor ("Woodbolt"), Vitaquest International, Inc., d/b/a Garden State Nutritionals ("Garden State") and F.H.G. Corporation, d/b/a Integrity Nutraceuticals ("Integrity") in the U.S. District Court for the Southern District of Texas, Houston Division, Civil Action No: 4:11-cv-04511, for infringing U.S. Patent No. 8,067,381 ("the '381 patent"), entitled "Methods and compositions for increasing the anaerobic working capacity in tissues." The patent is part of NAI's worldwide portfolio covering CarnoSyn® beta-alanine.
NAI filed the complaint in federal court after Woodbolt failed to comply with a cease and desist demand. The complaint alleges that Woodbolt sells nutritional supplements, including supplements containing beta-alanine such as C4 Extreme™, M5 Extreme™, and N-Zero Extreme™ that infringe the '381 patent. NAI alleges that Woodbolt itself represents to the public that the products contain beta-alanine. NAI also sued Woodbolt's alleged contract manufacturers, Garden State and Integrity for infringing NAI's patent.
Woodbolt, in turn, filed a complaint for declaratory judgment in U.S. District Court for the District of Delaware regarding NAI's patent.Mark A. LeDoux, NAI's CEO and Chairman of the Board, explained the filing of the suit by saying that "NAI has repeatedly emphasized that it will vigorously develop, grow and enforce its patents that include claims covering human dietary supplements containing beta-alanine." Currently, the only duly licensed distributor of NAI's CarnoSyn® beta-alanine product is Compound Solutions, Inc., a science and marketing based distributor of raw materials to the sports nutrition, dietary supplement, food, pharmaceutical and personal care industries. 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 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.
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