FutureCeuticals has filed a lawsuit against Aura Scientific, asserting that its brain performance ingredient NeuroRush infringes multiple FutureCeuticals patents.
The company argues that NeuroRush, an extract of whole coffee fruit, infringes patents covering technology relating to coffee fruit and the use of coffee fruit compositions to improve measures of cognitive performance.
The lawsuit seeks monetary damages, a finding of wilful infringement and the complete cessation of sales of the infringing ingredient.
Having created the whole coffee fruit market segment, FutureCeuticals has owned patents covering whole coffee fruit extracts for many years.
Amongst its coffee fruit technology are patents related to coffee fruit compositions for brain performance, which were discovered following multiple human clinical trials that FutureCeuticals commissioned and then published.
"Aura Scientific's ingredient NeuroRush offers nothing new and is simply piggybacking on FutureCeuticals' robust science and patented discoveries in the coffee fruit sector, with infringement as the clear consequence."
"Indeed, this is amongst the most open and wilful infringements we've ever seen, harming not only us, but our many licensees currently selling products containing our genuine ingredients, CognatiQ and NeuroFactor," J. Randal Wexler, FutureCeuticals' Vice President & General Counsel, shared.
Although FutureCeuticals' lawsuit aims to stop this infringement at its source with Aura Scientific, the company aims to rid the market entirely of the infringing ingredient.
Mr Wexler continued: "At this point, we are left with no other option than to vigorously protect and defend our IP rights and the interests of our customers in court, to the fullest extent of the law."
FutureCeuticals noted that several dietary supplement consumer brands have recently launched brands containing Aura Scientific's NeuroRush in their formulations.
Mr Wexler concluded: "We encourage product manufacturers to carefully evaluate their decision to include the NeuroRush material in their products in light of FutureCeuticals' clear IP rights."
"We take our obligations to protect our IP on behalf of ourselves and our customers very seriously."