On Wednesday, a complaint was filed in the District of Wyoming by plaintiff Axcess Global Sciences, LLC (AGS) against defendant Top Notch Nutrition LLC (TNN). The complaint for patent infringement and jury demand alleges that the defendant’s keto supplement products infringe on the claims of the plaintiff’s patents.
The plaintiff is described in the complaint as an “innovator in the field of exogenous ketones and ketogenic precursor supplement products.” Their products help individuals to produce and sustain increased levels of ketone bodies in the blood. Their products are protected by patents which “describe and claim compositions for increasing blood ketone levels using various compositions of beta-hydroxybutyrate salts.”
Defendant TNN also manufactures and markets keto supplements. The plaintiff asserts in the complaint that the defendant’s products infringe on their patents by practicing their inventions. Specifically, they explain that the defendant’s accused product infringes on a claim in their patent that protects a composition for increasing blood ketone levels that contain ingredients such as sodium beta-hydroxybutyrate and potassium beta-hydroxybutyrate.
The complaint cites two separate counts of infringement as the defendant’s accused products contain ingredients forming a composition that is patent protected by the plaintiff. The plaintiff asserts that the willful acts of infringement have caused them to sustain damages and that they are therefore entitled to recover those damages as a result of the defendant’s wrongful acts.
Due to the alleged infringement, the plaintiff is seeking favorable judgment on each count of infringement, damages, an injunction preventing further infringement, pre- and post-judgment interest, and any other relief deemed proper by the court.
The plaintiff is represented by Crowley Fleck PLLP.
