Axcess Global Sciences, LLC et al v. Vital Health International LLC: 5 Potential Prior Arts for Patent US11020362B2 Under Litigation

Did you know – Patent US11020362B2 is one of the three patents currently in litigation in Axcess Global Sciences LLC et al v. Vital Health International LLC.  The patent US11020362B2 describes a ketogenic supplement designed to increase and sustain blood ketone levels. It does this using a mix of beta-hydroxybutyrate (BHB) salts – sodium, potassium, calcium, and magnesium. The idea is to help people stay in ketosis without having to follow a strict diet.

A key focus of this patent is electrolyte balance. Many ketogenic products cause imbalances, but this formulation claims to prevent that. It’s also designed to be in a solid or powder form, making it easy to use. Another claimed feature is that it does not contain medium-chain fatty acids (MCFAs), which are often found in ketogenic supplements.

We ran this patent through Global Patent Search tool to see if similar inventions existed before it. Our tool identified multiple prior art references that share key features. Below, we will explore these references and explain why they qualify as potential prior art. But before proceeding further, let’s take a closer look at what this patent is all about. 

Understanding Patent US11020362B2

This patent is focused on ketogenic compositions that aim to:

#1. Increase blood ketone levels through a controlled mixture of BHB salts.

#2. Provide a balanced electrolyte composition to avoid imbalances commonly associated with ketosis.

#3. Be available in a solid or powder form for ease of consumption.

#4. Exclude medium-chain fatty acids to differentiate it from other ketogenic products.

With this understanding, we now explore five potential prior art references that share key features with US11020362B2.

Potential Prior Art References

1. US20170258745A1

The patent describes a ketogenic composition formulated to induce and sustain ketosis in a subject while maintaining electrolyte balance. The formulation comprises sodium, potassium, calcium, and magnesium BHB salts and is provided in solid or powder form. The goal is to enhance ketosis without the common side effects associated with an imbalance of electrolytes.

Why This Qualifies as Potential Prior Art:

  • This reference discusses compositions containing mixed BHB salts that promote and sustain ketosis.
  • It explicitly mentions sodium, potassium, calcium, and magnesium BHB salts as key ingredients.
  • The formulation is designed in solid or powder form, making it easy to consume.

Feature Mapping Results:

  • Blood ketone increase: Fully disclosed
  • At least three BHB salts: Fully disclosed
  • Specific salts: Fully disclosed
  • Solid or powder form: Fully disclosed
  • Exclusion of MCFAs: Not disclosed

Key excerpt from the reference:
“Compositions described herein promote ketosis by providing exogenous BHB salts that elevate ketone levels in the blood while supporting electrolyte balance.”

2. US20210196658A1

The patent claims a ketogenic supplement that provides a controlled amount of at least three BHB salts to maintain ketosis without causing an electrolyte imbalance. It specifically excludes MCFAs to focus on the metabolic benefits of BHB salts alone.

Why This Qualifies as Potential Prior Art:

  • This reference describes a composition that includes at least four BHB salts, making it highly relevant.
  • It outlines a similar goal of sustained ketosis through an optimized electrolyte balance.
  • It provides solid and powder forms of the composition for easy administration.

Feature Mapping Results:

  • Blood ketone increase: Fully disclosed
  • At least three BHB salts: Fully disclosed
  • Specific salts: Fully disclosed
  • Solid or powder form: Fully disclosed
  • Exclusion of MCFAs: Not disclosed

Key excerpt from the reference:
“Mixed salt compositions are formulated from at least four cations and are designed to promote sustained ketosis without contributing to electrolyte imbalance.”

3. US20200121623A1

The patent emphasizes a ketogenic formulation containing a balanced ratio of sodium, potassium, calcium, and magnesium BHB salts in a solid or powder form. This combination is meant to facilitate an easy transition into ketosis.

Why This Qualifies as Potential Prior Art:

  • The reference describes a ketogenic composition with at least three BHB salts that help increase and maintain blood ketone levels.
  • It explicitly lists sodium, potassium, calcium, and magnesium BHB salts in its composition.
  • The formulation is provided in solid and powder forms.

Feature Mapping Results:

  • Blood ketone increase: Fully disclosed
  • At least three BHB salts: Fully disclosed
  • Specific salts: Fully disclosed
  • Solid or powder form: Fully disclosed
  • Exclusion of MCFAs: Not disclosed

Key excerpt from the reference:
“Ketogenic compositions for promoting and sustaining ketosis include mixed BHB salts, designed to provide electrolytic balance and therapeutic benefits.”

4. US10973786B2

The patent describes a BHB salt-based formulation designed to increase blood ketone levels while also considering the body’s electrolyte needs. It specifies that the composition must be in a solid or powder form and must be free of MCFAs.

Why This Qualifies as Potential Prior Art:

  • This reference discusses ketogenic compositions with sodium, potassium, calcium, and magnesium BHB salts.
  • It provides solid and powder formulations of the supplement.
  • Unlike some of the other references, this one also specifies the exclusion of MCFAs.

Feature Mapping Results:

  • Blood ketone increase: Fully disclosed
  • At least three BHB salts: Fully disclosed
  • Specific salts: Fully disclosed
  • Solid or powder form: Fully disclosed
  • Exclusion of MCFAs: Fully disclosed

Key excerpt from the reference:
“BHB mixed salts with sodium, potassium, calcium, and magnesium are provided in powder form to sustain ketosis while promoting electrolytic balance.”

5. ES2660056T3

The patent discusses a specific BHB salt formulation that is used for ketogenic benefits. It highlights that the salts must be in a solid or powder form and must exclude MCFAs.

Why This Qualifies as Potential Prior Art:

  • While this reference focuses primarily on GHB salts for therapeutic use, it does disclose sodium, potassium, calcium, and magnesium salts in solid and powder forms.
  • The overlap in specific salt compositions makes it a potential prior art reference.

Feature Mapping Results:

  • Blood ketone increase: Not disclosed
  • At least three BHB salts: Fully disclosed
  • Specific salts: Fully disclosed
  • Solid or powder form: Partially disclosed
  • Exclusion of MCFAs: Not disclosed

Key excerpt from the reference:
“Compositions comprising sodium, potassium, calcium, and magnesium salts are provided in solid or lyophilized forms for therapeutic applications.”

Feature Comparison Table

FeatureUS11020362B2Ref 1Ref 2Ref 3Ref 4Ref 5
Blood ketone level increase
At least three BHB salts
Sodium, potassium, calcium, magnesium BHB
Solid and/or powder formPartial
Free from MCFAs

How to Find Prior Art Using Global Patent Search

Uncovering prior art doesn’t have to be daunting. With Global Patent Search, you can streamline the process:

  • Enter the Patent Number or Keywords: Start with a simple search using the patent number or relevant keywords.
  • Utilize Feature Mapping: Highlight the specific features you want to compare against existing patents.
  • Review Results: Explore a list of potential prior art references that align with your criteria.
  • Analyze Detailed Reports: Dive into feature mapping reports to see how each reference matches the patent claims.
  • Make Informed Decisions: Use the insights to assess the novelty of the patent or strengthen your legal arguments.

It’s that straightforward. From seasoned IP professionals to curious innovators, our tool makes finding prior art efficient and insightful.

Before We Go

Navigating the complexities of patent research is challenging. Patents like US11020362B2 often face scrutiny over their novelty and originality. With Global Patent Search, we aim to simplify this journey for you. 

Our tool can help you:

Save Time: Instantly locate relevant prior art without sifting through endless documents.

Improve Accuracy: Feature mapping ensures you only review the most pertinent references.

Enhance Confidence: Make informed decisions with comprehensive, easy-to-understand results.

Are you ready to explore the world of patents with ease?

Try the Global Patent Search tool today and experience how effortless prior art search can be. Click here to start exploring

Disclaimer: The information provided in this article is for informational purposes only and should not be considered legal advice. The prior art references mentioned are surface-level results generated by our tool and do not guarantee legal significance. For a more thorough patent search, we recommend exploring Global Patent Search.