Seller Sued Over Patented Keto Supplements

Salt Lake City nutrition company Axcess Global Sciences LLC (AGS) on Monday filed a complaint in a Wyoming federal court against Balboa Wholesale LLC for alleged patent infringement of a ketogenic supplement.

Axcess Global Sciences owns a patent for supplements composed of beta-hydroxybutyrate salts that are useful for inducing and sustaining a state of nutritional ketosis. Under the patent, keto supplements must be composed of at least three different types of beta-hydroxybutyrate salts from a list of four, be in a powdered or solid form, and be free of medium chain fatty acids, according to the complaint.

Defendant Balboa Wholesale, which does business under the brand names Rillvo and Lunar Canyon Organics, sells the keto supplements “Trim Life Labs Keto” and “Keto Prime” on its website and Amazon. Those products infringe upon AGS’ patented formula, the lawsuit claims.

Axcess Global Sciences is seeking an injunction against further infringement of its patent, damages, pre- and post-judgement interest on damages, and attorneys’ fees and costs. It is represented by Crowley Fleck PLLP and Workman Nydegger.