Durie Tangri Wins Motion to Dismiss & Invalidates Four Patents

June 27, 2017

Durie Tangri’s team of Ragesh Tangri, Sonal Mehta, and Michael Feldman won a motion to dismiss and invalidated four patents in the Southern District of California on Monday, on behalf of clients Allmax Nutrition and HBS International Corp.  Plaintiff Natural Alternatives International, Inc. filed suit claiming defendants had sold and continue to sell dietary supplements containing NAI’s branded beta-alanine product.  NAI claimed the product was covered by trademark, copyright, and patent rights and that defendants had violated those rights.  Defendants moved to dismiss the trademark and patent infringement claims, arguing that all four patents should be found invalid under Section 101, and that the trademark claims were inadequately pled.  Today, the court agreed, dismissing all four patent claims without leave to amend, and the trademark claims with leave to amend.