WILMINGTON, Dela. A patent infringement lawsuit brought by Natural Alternatives International (NAI) and Compound Soutions  Inc. against DNP International has been dismissed, according to a June 22 court order issued by Chief Judge Gregory M. Sleet of the U.S. District Court of Delaware. The companies had alleged DNP infringed upon several patents (U.S. Patent Nos. 6,4262,361, 6,172,098, and 5,965,596) and violated various statutes for false advertisement, including the Lanham Act and Delaware Deceptive Trade Practices code.

The ruling followed the Sleets May 31, 2011 decision to reject or find unnecessary all but one of NAIs claim constructions for the three patents. In addition, DNP noted during the claim construction hearing in mid-May, Natural Alternatives conceded that certain prior art would invalidate its patents if DNPs proposed constructions were adopted. 

Many of Natural Alternatives proposed constructions sought to avoid prior art and save their patents from invalidation by adding extraneous limitations to otherwise easily understood terms, by ignoring the full scope of the claim language, and by violating other basic principles of claim construction, said Steven R. Hansen, Senior Counsel at Lee, Tran & Liang, attorneys for DNP.  He explained, for example, NAI argued that the term beta-alanine as claimed in the patents could not be a component of a dipeptide, such as carnosine, despite contrary statements in the patents themselves.

This decision vindicates our long-held position that DNP has not in any way infringed Natural Alternatives patents related to Beta Alanine, said David Ji, president of DNP International.  DNP has a strong tradition of innovation and respects the intellectual property of others.   

Following the claims dismissal, the global importer and raw ingredient supplier to the nutritional supplement, food, beverage, and pharmaceutical industries told customers that it will continue to provide beta alanine based on its partnerships with Chinese manufacturers. The company also said it is confident the patents and asserted claims are invalid and would take all steps to vigorously defend itself.