Neurocentria Inc v. Green Jeeva LLC

I. Executive Summary and Procedural Information

• Parties & Counsel:
  • Plaintiff: Neurocentria, Inc. (California) and ThreoTech LLC (Nevada)
  • Defendant: Green Jeeva, LLC (Nevada)
  • Plaintiff’s Counsel: Vorys, Sater, Seymour and Pease LLP
• Case Identification: 2:24-cv-06919, C.D. Cal., 08/15/2024
• Venue Allegations: Venue is alleged to be proper in the Central District of California because the defendant maintains a regular and established place of business in the form of its main warehouse within the district, from which it allegedly distributes components of infringing products.
• Core Dispute: Plaintiffs allege that Defendant’s sale of the raw chemical ingredient Magnesium L-Threonate constitutes contributory infringement of ten patents covering compositions and methods related to magnesium supplementation for neurological and metabolic health.
• Technical Context: The patents relate to magnesium compositions, particularly Magnesium L-Threonate, developed to enhance cognitive functions and treat neurological disorders by improving magnesium's bioavailability and ability to cross the blood-brain barrier.
• Key Procedural History: The complaint alleges that Plaintiffs' predecessor sent Defendant two written cease and desist letters, dated December 19, 2022, and June 9, 2023, respectively, notifying Defendant of its alleged infringement of the patents-in-suit. Defendant allegedly failed to respond to either notice, a fact which may be used to support allegations of pre-suit knowledge for willfulness and contributory infringement.

Case Timeline

II. Technology and Patent(s)-in-Suit Analysis

U.S. Patent No. 9,125,878 - Magnesium compositions and uses thereof for neurological disorders (Issued Sep. 8, 2015)

The Invention Explained

• Problem Addressed: The patent's background section notes that despite magnesium's critical role in biological functions, including synaptic plasticity, dietary intake is often insufficient (’878 Patent, col. 1:24-44). Furthermore, commercially available magnesium supplements often suffer from low bioavailability and can cause undesirable side-effects like diarrhea (’878 Patent, col. 2:5-24).
• The Patented Solution: The invention claims to solve this problem by providing magnesium compositions, particularly those using magnesium threonate, which are more bioavailable and effective for oral administration to treat or prevent neurological disorders such as Alzheimer's disease and mild cognitive impairment (’878 Patent, Abstract; col. 3:9-14). The specification describes compositions formulated to enhance magnesium's ability to reach and act within the brain.
• Technical Importance: The invention provided a potential pathway for orally administering a form of magnesium that could effectively cross the blood-brain barrier to address neurological deficits, a significant goal in the field of cognitive health and neurodegenerative disease treatment.

Key Claims at a Glance

• The complaint does not identify specific independent claims asserted against the accused instrumentality, alleging infringement of "one or more claims of the '878 Patent" (Compl. ¶32). This precludes a detailed breakdown of asserted claim elements.

U.S. Patent No. 8,734,855 - Slow release magnesium composition and uses thereof (Issued May 27, 2014)

The Invention Explained

• Problem Addressed: The patent identifies a need for magnesium supplementation to address widespread deficiency, but notes that high doses required for therapeutic effect often lead to adverse gastrointestinal side effects like diarrhea because of unabsorbed magnesium in the GI tract (’855 Patent, col. 2:1-11).
• The Patented Solution: The invention is a slow or extended-release oral dosage form comprising magnesium and threonate. This formulation is designed to release magnesium over a prolonged period (e.g., 2 to 10 hours or more), which avoids high initial concentrations in the GI tract, thereby reducing side effects while maintaining bioavailability and achieving a therapeutic physiological concentration (’855 Patent, col. 2:40-62; FIG. 6B).
• Technical Importance: By creating a slow-release formulation, the invention sought to improve patient compliance and enable the administration of higher, more therapeutically effective doses of magnesium that would otherwise be intolerable.

Key Claims at a Glance

• The complaint does not identify specific independent claims asserted against the accused instrumentality, alleging infringement of "one or more claims of the '855 Patent" (Compl. ¶49). This precludes a detailed breakdown of asserted claim elements.

U.S. Patent No. 8,637,061 - Magnesium compositions and uses thereof for neurological disorders (Issued Jan. 28, 2014)

• Technology Synopsis: This patent addresses the problem of low bioavailability and side effects from conventional magnesium supplements (’061 Patent, col. 1:62-2:24). It discloses magnesium compositions, particularly magnesium threonate, formulated for oral administration to improve cognitive function and treat neurological disorders by enhancing magnesium's ability to reach the brain (’061 Patent, Abstract).
• Asserted Claims: The complaint does not identify specific claims asserted (Compl. ¶66).
• Accused Features: The accused feature is Defendant's importation and sale of Magnesium L-Threonate for use in infringing products (Compl. ¶66).

U.S. Patent No. 8,470,352 - Magnesium compositions and uses thereof for metabolic disorders (Issued Jun. 25, 2013)

• Technology Synopsis: This patent addresses similar issues of magnesium deficiency and poor supplement bioavailability, but focuses on compositions for metabolic disorders like diabetes (’352 Patent, col. 2:52-64). The invention provides magnesium-counter ion compounds, such as magnesium threonate, to maintain or enhance metabolic health (’352 Patent, Abstract).
• Asserted Claims: The complaint does not identify specific claims asserted (Compl. ¶83).
• Accused Features: The accused feature is Defendant's importation and sale of Magnesium L-Threonate for use in infringing products (Compl. ¶83).

U.S. Patent No. 8,377,473 - Slow release magnesium composition and uses thereof (Issued Feb. 19, 2013)

• Technology Synopsis: The patent addresses the need for high-dose magnesium supplementation while avoiding GI side effects like diarrhea (’473 Patent, col. 2:1-11). The solution presented is a slow-release oral dosage form of magnesium and threonate designed to release the active ingredients over an extended period, improving tolerance and efficacy (’473 Patent, Abstract).
• Asserted Claims: The complaint does not identify specific claims asserted (Compl. ¶100).
• Accused Features: The accused feature is Defendant's importation and sale of Magnesium L-Threonate for use in infringing products (Compl. ¶100).

U.S. Patent No. 8,178,133 - Magnesium compositions and uses thereof (Issued May 15, 2012)

• Technology Synopsis: This patent addresses the general problem of dietary magnesium deficiency and the low bioavailability of existing supplements (’133 Patent, col. 1:55-2:44). The invention provides magnesium-counter ion compositions, including magnesium threonate, for administration to a subject to improve health, nutrition, and cognitive function (’133 Patent, Abstract).
• Asserted Claims: The complaint does not identify specific claims asserted (Compl. ¶117).
• Accused Features: The accused feature is Defendant's importation and sale of Magnesium L-Threonate for use in infringing products (Compl. ¶117).

U.S. Patent No. 8,178,132 - Magnesium-containing food compositions (Issued May 15, 2012)

• Technology Synopsis: This patent addresses the same background problems of magnesium deficiency and poor supplement bioavailability (’132 Patent, col. 1:55-2:44). The invention is specifically directed to food compositions containing magnesium-counter ion compounds, such as magnesium threonate, providing a way to deliver magnesium supplementation through food products (’132 Patent, Abstract).
• Asserted Claims: The complaint does not identify specific claims asserted (Compl. ¶134).
• Accused Features: The accused feature is Defendant's importation and sale of Magnesium L-Threonate for use in infringing products (Compl. ¶134).

U.S. Patent No. 8,178,118 - Magnesium compositions and uses thereof for cognitive function (Issued May 15, 2012)

• Technology Synopsis: This patent addresses the link between magnesium deficiency, loss of synaptic plasticity, and cognitive impairment (’118 Patent, col. 1:24-44). The invention discloses magnesium compositions, such as magnesium threonate, for administration to a subject specifically for maintaining or improving cognitive, learning, and/or memory function (’118 Patent, Abstract).
• Asserted Claims: The complaint does not identify specific claims asserted (Compl. ¶151).
• Accused Features: The accused feature is Defendant's importation and sale of Magnesium L-Threonate for use in infringing products (Compl. ¶151).

U.S. Patent No. 8,163,301 - Magnesium compositions and uses thereof (Issued Apr. 24, 2012)

• Technology Synopsis: This patent addresses magnesium's role in metabolic functions and notes that existing supplements have poor bioavailability or side effects (’301 Patent, col. 1:55-2:51). The invention provides magnesium-counter ion compositions, such as magnesium threonate, for administration to subjects to treat or prevent metabolic disorders (’301 Patent, Abstract).
• Asserted Claims: The complaint does not identify specific claims asserted (Compl. ¶168).
• Accused Features: The accused feature is Defendant's importation and sale of Magnesium L-Threonate for use in infringing products (Compl. ¶168).

U.S. Patent No. 8,142,803 - Magnesium compositions and uses thereof for neurological disorders (Issued Mar. 27, 2012)

• Technology Synopsis: The patent describes the link between magnesium deficiency and neurological disorders like Alzheimer's disease, and the poor bioavailability of existing supplements (’803 Patent, col. 1:55-2:44). The invention discloses magnesium compositions, including magnesium threonate, for administration to subjects to treat or prevent such neurological disorders (’803 Patent, Abstract).
• Asserted Claims: The complaint does not identify specific claims asserted (Compl. ¶185).
• Accused Features: The accused feature is Defendant's importation and sale of Magnesium L-Threonate for use in infringing products (Compl. ¶185).

III. The Accused Instrumentality

• Product Identification: The accused instrumentality is the raw ingredient Magnesium L-Threonate (Compl. ¶¶27, 32).
• Functionality and Market Context: The complaint alleges that Defendant Green Jeeva operates as a "global e-commerce platform that brings together global buyers and sellers of dietary ingredients" (Compl. ¶26). It is alleged that Green Jeeva purchases and imports raw Magnesium L-Threonate from at least one foreign supplier, Wuxi Accobio Biotech Inc., and then markets and resells this raw ingredient to its customers in the United States (Compl. ¶27). The complaint alleges these customers ("Doe Defendants 1 through 20") use the raw ingredient to create finished products that directly infringe the patents-in-suit (Compl. ¶40).

IV. Analysis of Infringement Allegations

The complaint does not assert specific independent claims for any of the patents-in-suit, precluding the creation of a detailed claim chart. All ten counts allege contributory infringement under 35 U.S.C. § 271(c), based on the theory that Defendant offers to sell, sells, or imports a component of the patented compositions, namely Magnesium L-Threonate (e.g., Compl. ¶¶32, 49, 66).

The narrative infringement theory alleges that Defendant sells Magnesium L-Threonate knowing it is especially made or adapted for infringing use and that it is not a staple article of commerce suitable for substantial non-infringing use (e.g., Compl. ¶¶34, 36). Knowledge is alleged to arise from at least two cease and desist letters sent to Defendant prior to the filing of the suit (Compl. ¶28, 29). The direct infringement is alleged to be performed by Defendant's customers, identified as Doe Defendants 1-20 (Compl. ¶40).

No probative visual evidence provided in complaint.

• Identified Points of Contention:
  • Legal Question: A central dispute will be whether the raw ingredient Magnesium L-Threonate is a "staple article or commodity of commerce suitable for substantial non-infringing use." The contributory infringement claims may fail if Defendant can show that the chemical has commercially significant uses that do not infringe the claims of the ten asserted patents.
  • Knowledge and Intent: The litigation may focus on whether the cease and desist letters provided sufficient knowledge to satisfy the requirements of § 271(c). A question for the court will be whether Defendant knew, or was willfully blind to the fact, that the component was being used by its customers to create compositions that infringe the specific patented inventions.
  • Pleading Sufficiency: A threshold issue may be whether the complaint's failure to identify any specific claims from the ten asserted patents meets federal pleading standards for plausibility.

V. Key Claim Terms for Construction

The complaint does not identify specific claims or propose any terms for construction. Should the case proceed, the scope and meaning of the term "composition" as used across the various patents will likely be a central issue. Additionally, the legal analysis will depend heavily on the judicial determination of whether Magnesium L-Threonate is a "staple article of commerce," a determination which is not a traditional claim construction issue but is foundational to the contributory infringement claim.

VI. Other Allegations

• Indirect Infringement: The complaint's exclusive focus is on indirect infringement, with each of the ten counts specifically alleging contributory infringement under 35 U.S.C. § 271(c) (e.g., Compl. p. 8, 10, 13). The allegations assert that Defendant sells a material component of the patented inventions (Magnesium L-Threonate), that this component is not a staple article of commerce with substantial non-infringing uses, and that Defendant knew the component was especially made or adapted for use in an infringing manner (e.g., Compl. ¶¶32, 34, 36). The complaint also makes allegations that may support induced infringement, stating Defendant "actively and knowingly intended to aid, abet, direct, encourage, or otherwise contribute" to direct infringement, although inducement is not formally pleaded as a separate count (Compl. ¶43).
• Willful Infringement: Willfulness is alleged for each patent based on Defendant's alleged continued importation, offering to sell, and sale of Magnesium L-Threonate after receiving actual notice of the patents-in-suit via certified mail on or around December 19, 2022, and again on June 9, 2023 (Compl. ¶¶28, 29, 41).

VII. Analyst’s Conclusion: Key Questions for the Case

This case will likely turn on the resolution of three central questions:

• A primary legal issue will be the application of the staple article of commerce doctrine: can Plaintiffs prove that Magnesium L-Threonate, a chemical compound, has no substantial non-infringing uses outside the scope of their ten patents? The viability of the contributory infringement claims depends entirely on this showing.
• A key threshold question will be one of pleading sufficiency: does the complaint, which asserts ten patents without identifying a single claim from any of them, provide the defendant with fair notice of the infringement allegations sufficient to satisfy the plausibility standards established by Twombly and Iqbal?
• An evidentiary question will be one of knowledge: can Plaintiffs demonstrate that the cease and desist letters provided Defendant with the specific knowledge required for contributory infringement—namely, that the component was "especially made or adapted for use in an infringement of the patent"—as opposed to merely general notice of the patents' existence?