16 March 2015Americas

Food for thought: PCA seeks clearance over nutrition related patent

Florida-based healthcare company Diabetic Care RX, which operates as Patient Care America (PCA), has asked for a declaratory judgment that it does not infringe a patent owned by Pentec Health by providing nutritional supplements to dialysis clinics.

PCA filed the case at the US District Court for the Southern District of Florida (Fort Lauderdale division) last Friday (March 13).

The company prepares intradialytic parenteral nutrition (IDPN) compositions, which are nutritional supplements for malnourished patients undergoing dialysis. It dispenses the solutions to dialysis clinics that administer the products.

Pentec has owned US patent 8,927,505, entitled “Nutritive compositions and methods of using same”, since January 5 this year. The patent claims an invention for providing IDPN compositions to dialysis patients and those with diabetes.

According to court documents, in an email sent on January 30 Pentec accused PCA of “engaging in unlawful activity”. It said that PCA had been using an IDPN product label detailing an allegedly “identical” formulation to Pentec’s “patent-awarded” Proplete IDPN solution.

PCA argued in the filing that none of the claims in the ‘505 patent is directed to IDPN compositions, but rather just to methods of administering the solutions, and that Pentec does not perform the methods claimed in the patent.

PCA has asked for a declaratory judgment that none of its products infringes the ‘505 patent and that the court declares that Pentec is prohibited from alleging infringement of the ‘505 patent’s claims.

When contacted by LSIPR, Pentec said that it does not respond to litigation matters.

PCA did not respond to a request for comment.

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