Texas Judge Denies Monster’s Motion to Dismiss Patent Case

AUSTIN, Texas — Last summer, Applied Food Sciences, Inc. (AFS), a small Austin, Texas based food science technology company, filed a patent infringement case in Federal court against Monster Beverage Corporation.  Applied Food Sciences Inc. v. Monster Beverage Corp., 6:13-cv-00195-WSS, U.S. District Court, Western District of Texas.  The lawsuit alleges that Monster’s use of glucuronalactone, an ingredient in their Monster Rehab® beverage line infringes on one of AFS’ patents, U.S. Patent 7,662,863, entitled, “Therapeutic agent for the use in reducing alcohol intoxication and reducing or eliminating the negative side effects associated with alcohol ingestion.”  AFS has previously brought and favorably settled two similar federal patent infringement lawsuits with other beverage marketers that AFS alleged were violating the patent.

Monster asked the presiding Federal judge to dismiss AFS’ lawsuit.  The judge recently denied Monster’s motion to dismiss the case.  AFS’ case against Monster will proceed. AFS seeks, among other relief, monetary damages for infringement of the patent.

The plaintiff, AFS, specializes in the research and development of proprietary technologies that enhance the health benefits of foods, beverages, and nutritional supplements.  AFS’ patent relating to the use of glucuronalactone is an example of such.  “We take pride in our ingredients and technologies by spending extensive time, money, and energy to ensure they are of the best quality, scientifically proven, and protected by intellectual property”, states Jackson Zapp, Vice President of Marketing.  “That is why we can’t allow any other companies big or small to benefit unfairly by infringing on our patents.  We have used this patent extensively in our product portfolio.”

AFS has been involved in the food and nutrition business for over 13 years developing and marketing proprietary ingredients and technologies for overall health and wellness.  AFS also develops and markets its own consumer brands in addition to providing service to other consumer brand companies.  AFS’ proprietary products have been featured on television and in publications such as CNN, NBC, USA Today, Parade, Muscle and Fitness, FLEX, Prevention and Newsweek.  For more information about AFS visit www.appliedfoods.com.