N.D. Ga.

Third Time’s the Charm? Hi-Tech Pharmaceuticals, Inc. Sues IronMag Labs A Third Time Over Its Physical Performance Topical Creams

Hi-Tech Pharmaceuticals, Inc. et al. v. IronMag Labs, LLC et al., Civil Action No. 1:22-cv-02446-JPB (N.D. Ga. June 20, 2022)

Plaintiffs Hi-Tech Pharmaceuticals, Inc. and Intellectual Wellness, LLC filed suit against Defendants IronMag Labs, LLC and Robert Dimaggio, in the Northern District of Georgia (Atlanta Division) on June 20, 2022 asserting claims of patent infringement and breach of contract. Namely, Plaintiffs allege in the Complaint that Defendants supply and distribute dietary supplement products in the United States that willfully infringe on Plaintiffs’ patents.

According to the Complaint, Plaintiff Hi-Tech is a sports supplement company who manufactures and markets high-quality dietary supplement products in the United States, focusing on areas such as bodybuilding and fitness. Plaintiff alleges that these products are made to “harden muscles, increase muscle mass, increase strength and power, increase recovery time, and improve athletic performance.” Some of Hi-Tech’s products contain derivatives of dehydroepiandrosterone (“DHEA”) intended to enhance consumers’ physical performance.

Intellectual Wellness is the owner of several United States Patents, including U.S. Patent No. 8,084,446 (“the ‘446 Patent”); U.S. Patent No. 8,338,399 (“the ’399 Patent”); U.S. Patent No. 8,580,774 (“the ’774 Patent”); and U.S. Patent No. 8,778,918 (“the ’918 Patent”), all of which all of which claim priority to Application Serial No. 11/411,530 (“the ’530 Application”) and relate to using DHEA derivatives to enhance physical performance. The Complaint alleges that Intellectual Wellness licensed the rights of the ’399, ’774, and ’918 Patents (the “Patents-in-Suit”) to Hi-Tech.

Prior to this current suit, Plaintiff Hi-Tech and Defendant IronMag went head-to-head in two prior lawsuits. The first action, filed in the Eastern District of Michigan in September 2014, alleged infringement of the ’446 Patent and the ’399 Patent by IronMag’s “4 Andro Rx” and “1 Andro Rx” products. This suit culminated in settlement in December 2014, requiring that IronMag pay Hi-Tech back royalties, acknowledge Intellectual Wellness’ ownership rights in the patents claiming priority to the ’530 Application, as well as the presumed validity of the ‘446 Patent and the ’399 Patent, and requiring IronMag to enter into a license agreement with Hi-Tech granting IronMag proprietary rights to patents claiming priority to the ’530 Application. The second action, filed in the Northern District of Georgia in November 2015, arose from IronMag continuing to sell “4 Andro Rx” and “1 Andro Rx” products while failing to pay the applicable royalties. This second action, like the first, ended with settlement and IronMag agreeing to purchase product from Hi-Tech in lieu of the royalty payment under their license agreement.

Now, Hi-Tech brings suit against IronMag’s Super 1-Andro Cream; Super 4-Andro Cream; Gear Cream, and Lean AF Cream (pictured above) products for allegedly infringing the ’399, ’774, and ’918 Patents. According to the Complaint, IronMag sells these products without paying Hi-Tech the royalties its owed and, further, IronMag is in violation of the parties’ license agreement. This case has been assigned to Judge Judith E. Levy.

Categories: N.D. Ga., Patent

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