January 20, 2014
Authored by: Brandon Neuschafer
Bryan Cave has been in the news recently for its representation of Pinnaclife Inc., regarding patent protection for nutritional supplements. A California federal trial court judge dismissed claims that Pinnaclife infringed CreAgri Inc.’s patents for olive-based, anti-inflammatory supplements, ruling that CreAgri didn’t know the supplement would reduce inflammation when it filed the patent. San Francisco Partner Lee Marshall was quoted saying that Pinnaclife was glad the court recognized the importance of data in designing nutritional products. Litigation over nutritional supplements is increasing, he said, and many supplement patents lack the analytical rigor of pharmaceutical drugs. “If you have a nutritional supplement or a pharmaceutical drug, and you think it’s going to work, that’s not enough to get a patent,” Marshall said. “You need good data to demonstrate efficacy.”
The case is CreAgri Inc. v. Pinnaclife Inc., Case No. 5:11-cv-06635 in the United states District Court for the Northern District of California.