Case Name: Proprietary Wellness, LLC v. Primordial Performance, LLC et al
Docket Number: 2:2012-cv-11072-DML-PJK
Date Filed: 3/9/2012
Judge: Hon. David M. Lawson
Proprietary Wellness filed suit against Primordial Performance, LLC for patent infringement of U.S. Patent No. 8,084,446 (“the ‘446 patent”) entitled “Use of DHEA Derivatives for Enhancing Physical Performance.” The ‘446 patent generally relates to the use of DHEA derivatives for anti-aging benefits, decreasing body weight, reducing adipose tissue, and increasing endurance. Specifically, Proprietary Wellness alleged that Primordial Performance continued to distribute and sell its product without its authorization and failed to make royalty payments per an earlier agreement. However, on May 5th, 2012, the parties agreed to a voluntary dismissal of the case as the parties had entered into a settlement agreement on April 30, 2012. In the settlement agreement, Primordial Performance admitted to infringement and agreed to pay $40,000.00 to satisfy outstanding royalties on the 2008 and 2010 licensing agreements.