NAI Alleges Beta-Alanine Pre-Workout Supplement Infringes on Patents

HOUSTONWoodbolt Distribution, LLC, otherwise known as Cellucor, recently launched a pre-workout dietary supplement known as Neon Sport Volt. But one of the ingredients in the product, beta-alanine, has landed the company in federal court.

Natural Alternatives International, Inc. (NAI), a San Marco, CA-based formulator, manufacturer and marketer of nutritional supplements, has sued Woodbolt, GNC Corp. and Bodybuilding.com, LLC for patent infringement in the U.S. District Court for the Southern District of Texas, Houston Division.

NAI is demanding a jury trial and has requested a preliminary injunction to prevent the defendants from selling Neon Sport Volt. NAI alleges the product contains significant amounts of beta-alanine, which "blatantly infringes" on two patents.

One of the patents "generally relates to the use of the amino acid beta-alanine in a human dietary supplement that can increase the anaerobic working capacity of muscles"; the other patent concerns "methods of avoiding or delaying the onset of muscular fatigue through the use of beta-alanine compositions in several formulations and cover humans as well as certain animals", according to court documents.

Bryan, Texas-based Woodbolt allegedly has imported 33,600 kilograms of beta-alanine from China into the United States since May 2013.

"Woodbolt's new product and importation from China will result in loss of market share and price erosion, thus causing irreparable harm to NAI, its licensed distributor Compound Solutions, Inc. and its licensed contract manufacturers and sellers of supplement products containing beta-alanine," lawyers for NAI wrote in court documents.

In a press release last month, Woodbolt Vice President Daniele Lourenco referred to beta-alanine as Volt's "signature ingredient".

This is not the first lawsuit NAI has filed against Woodbolt. Plaintiff's attorneys said other patent infringement actions are pending before the same court.