Compound Solutions takes legal action to defend patents on goBHB keto ingredient

By Adi Menayang

- Last updated on GMT

Getty Images / Artisteer
Getty Images / Artisteer

Related tags ketogenic Intellectual property

Ingredient supplier Compound Solutions alleges that several raw material distributors and contract manufacturers have violated its exclusive patent for a popular exogenous ketone called goBHB.

California-based Compound Solutions markets goBHB, a branded version of the external ketone salt called beta-hydroxybutyrate (or BHB).

The ingredient’s sales have been climbing as more product formulators want to target the booming keto craze among US consumers. In sum, the ketogenic diet is one that is high fat and very low in carbohydrates. The idea is that after eating this way for some time, the body will enter a state called ketosis, in which the body produces ketones to ‘burn’ fat as an energy source in the absence of carbohydrates.

BHB is a bioidentical version of the ketones released in the body, marketed as a way to help support entering a state of ketosis and maintaining it. Compound Solutions claims that the patent that protects it is US 6613356 B1​, granted to Victor Vlahakos in 2003, and available in the USPTO database.

The patent protects “potassium butyrate or closely related chemical compounds, together with chemicals which facilitate the dispersion of the medication in the stomach​” that supports “weight loss by means of appetite suppression and a method for administering this medication to humans and other mammals.”

Based on a list of legal events on the patent’s electronic document, Utah-based Axcess Global LLC was added to Vlahakos’ patent ownership. Compound Solutions then sublicensed the patent​ in the beginning of 2017 from Axcess, granting Compound Solutions exclusive rights to distribute an ingredient as described in the patent.

Compound Solutions has filed a lawsuit against raw material distributor Vitajoy USA and contract manufacturers Equinox and Vox Nutrition. All three companies have not responded to requests for comment at time of press.

It has also issued 20 cease and desist letters to finished product manufacturers that have launched and sold products that Compound Solutions says infringes on the patent owners’ rights.

The company was first alerted to these alleged infringements through its clients.

goBHB is one of Compounds Solution’s best-selling ingredients, CEO Matt Titlow told us. The alleged patent infringement means, CSI and Axcess miss out on sales, Vlahakos misses royalties, CSI’s clients compete on an unfair playing field, and the goBHB brand is diminished,”​ he added. Our goal is to convert violators to customers.”

CORRECTION:​ The original version of this article used and linked to the wrong patent.

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