Phoenix, AZ - On February 21, 2020, ThermoLife International, LLC filed its Request for Ex Parte Reexamination of U.S. Patent 8,298,589 ("the '589 Patent"), titled "Nitrate Formulations and Their Use as Nitric Oxide Prodrugs." The '589 patent is used exclusively by HumanN to market their SuperBeets and BeetElite product(s). On March 18, 2020, the U.S. Patent Office granted ThermoLife's request and opened the reexamination of the '589 patent.
The reexamination proceeding raises substantial new questions of patentability with respect to all claims of the '589 patent. Upon granting ThermoLife's request, the U.S. Patent Office has acknowledged that certain prior art owned by ThermoLife and licensed by ThermoLife was not considered when issuing the '589 patent used by HumanN on its SuperBeets and BeetElite product(s) and that a reasonable examiner would consider the patents owned by ThermoLife and licensed by ThermoLife substantially relevant in deciding whether or not to cancel all claims of the HumanN licensed patent.
When reached for comment, ThermoLife's founder, Ron Kramer, offered the following statement: "In my opinion, the '589 Patent, that HumanN relies on never should have issued. With ThermoLife now having identified for the United States Patent Office the relevant portions of ThermoLife's extensive patent portfolio related to nitrate supplementation that predate the claims in the '589 patent, ThermoLife is confident that all claims in the '589 patent that HumanN claims covers SuperBeets and BeetElite will be invalidated and the '589 patent will go bye-bye."
In a separate matter, ThermoLife has previously filed suit against HumanN in Arizona Federal District Court, asserting claims that allege false advertising and false patent marking on HumanN's SuperBeets, NEO40, and other products, and despite several attempts by HumanN to have ThermoLife's claims dismissed, the Arizona Federal District Court has allowed ThermoLife's claims for false advertising and false patent marking against HumanN to go forward.
About ThermoLife International
Founded in 1998, ThermoLife is a world leader in patented ingredients and technology for use in dietary supplements, specializing in sports nutrition. ThermoLife controls a global patent portfolio of 36 patents spanning more than 15 countries including more than 1,000 valid and issued claims on the use of nitrates in dietary supplements. ThermoLife collaborates with leading manufacturers in the sports nutrition and dietary supplement industry to provide innovative ingredients to offer superior patent-protected products to end-users.