Migraine supplement at centre of patent battle

Supplements company Akeso Health Sciences has filed a complaint against organic foods distributor United Natural Foods for patent infringement over a dietary supplement for patients suffering from migraines.

The patents involved in the case, which was filed on Friday, February 24 at the US District Court for the Central District of California, Western Division, are US numbers 6,068,999 and 6,500,450.

Akeso claimed that its migraine product, MigreLief, has “succeeded in providing natural, drug-free relief for migraine headaches where others failed”.

United is alleged to have wilfully infringed Akeso’s patents “in connection with distribution of MigreLief outside of authorised categories of trade”.

The company added that United has used the mark ‘MigreLief’ on its products’ labels, constituting direct infringement.

“Defendants affirmatively direct and encourage users to directly infringe by administering the recommended daily dosage of a therapeutically effective amount of parthenolide, a magnesium salt and riboflavin, the magnesium salt being provided as a salt of an organic acid,” said the lawsuit.

The suit added: “Defendants have actual and/or constructive knowledge of Akeso’s MigreLief product and of the patents-in-suit and of restrictions imposed by Akeso on categories of trade of defendants’ re-sales of MigreLief.”

Akeso has asked the court for a judgment in its favour, triple damages, attorneys’ fees and a jury trial.