We advise a national, NYSE-listed multimedia company on a full spectrum of digital marketing matters. We work with the client to identify and manage legal risks which involves providing counsel related to the protection of their intellectual property, advertising data usage and compliance with advertising self-regulatory frameworks and regulations, licensing and syndication agreements.
Public Company’s Digital Marketing Counsel
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We represented nutritional supplement manufacturing company, Natural Alternatives International, Inc. (Nasdaq: NAII), in a Federal Circuit Court of Appeals case in which our client had brought claims against rival Creative Compounds LLC, accusing Creative Compounds of infringing six of its patents covering various forms of beta-alanine and its use as a muscle-building supplement. The Southern District of California had dismissed the suit, finding the patent claims to be directed toward a product of nature (beta-alanine) and a law of nature (that taking beta-alanine in sufficient quantities builds muscle) and thus patent-ineligible. On appeal, a split panel sided with our client, finding the district court applied too broadly the ineligibility doctrine of the “Alice/Mayo test” and that, although beta-alanine itself can occur as a natural substance, the claims containing beta-alanine as one aspect covered more than an unpatentable natural law.
Law360 provided analysis of the case in the article “Fed. Circ. Clarifies Alice In Reviving Supplement Co.’s IP Suit,” published on March 15, 2019.
Represented Tivity Health, Inc. in its acquisition of Nutrisystem, Inc.