Creagri Inc. v. Pinnaclife Inc.
Published: Jan. 18, 2014 | Result Date: Dec. 18, 2013 | Filing Date: Jan. 1, 1900 |Case number: 5:11-cv-06635-LHK Summary Judgment – Defense
Court
USDC Northern
Attorneys
Plaintiff
Lisa Kobialka
(Kramer, Levin, Naftalis & Frankel LLP)
Hannah Yunkyung Lee
(Kramer, Levin, Naftalis & Frankel LLP)
Defendant
Kenneth L. Marshall
(Bryan Cave Leighton Paisner)
Facts
CreAgri Inc. filed a patent infringement suit against Pinnaclife Inc., based on U.S. Patent No. 6,416,808 and U.S. Patent No. 8,216,599. Both companies sold dietary supplements, including olive-derived phenolic compounds. One of CreAgri's patents, entitled "Method of Obtaining a Hydroxytyrosol-Rich Composition from Vegetation Water" claimed certain ratios of three olive-derived phenolic compounds. The other patent was entitled "Method for Treatment of Inflammation," and related to using olive plant extracts to treat clinical symptoms such as respiratory distress and inflammation.
Contentions
PLAINTIFF'S CONTENTIONS:
CreAgri argued that Pinnaclife's olive-derived supplements violated its patents, and alleged infringement of both patents.
CreAgri moved for summary judgment based on its theory that Pinnaclife's olive-derived supplements infringed both the '808 and '599 Patents.
DEFENDANT'S CONTENTIONS:
Pinnaclife also moved for summary judgment, arguing that CreAgri's patents were invalid, and that in any event, Pinnaclife's products did not infringe either patent.
Result
The court sided with Pinnaclife and found both patents to be invalid. The '808 Patent was deemed anticipated based on multiple prior art references that disclosed the claimed ratios. The '599 Patent failed to provide sufficient written description or enablement, because it merely claimed a "research hypothesis" with no evidence of efficacy. Based on its decision that both patents were invalid, it was unnecessary for the court to address infringement.
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