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K2A v. Mona Vie et. al.

K2A v. Mona Vie et. al.

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Published by PriorSmart
Official Complaint for Patent Infringement in Civil Action No. 2:14-cv-00104-PMW: K2A LLC v. Mona Vie Inc et. al. Filed in U.S. District Court for the District of Utah, the Hon. Paul M. Warner presiding. See http://news.priorsmart.com/-l9UD for more info.
Official Complaint for Patent Infringement in Civil Action No. 2:14-cv-00104-PMW: K2A LLC v. Mona Vie Inc et. al. Filed in U.S. District Court for the District of Utah, the Hon. Paul M. Warner presiding. See http://news.priorsmart.com/-l9UD for more info.

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Published by: PriorSmart on Feb 14, 2014
Copyright:Public Domain

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07/16/2014

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Randall B. Bateman (USB 6482) Sarah W. Matthews (USB 13295) BATEMAN IP LAW GROUP, P.C.
 
257 East 200 South, Suite 750 Salt Lake City, Utah 84111 Tel: (801) 533-0320/Fax: (801) 533-0323 Email: mail@batemanip.com, rbb@batemanip.com, sm@batemanip.com Terry E. Welch (USB 5819) PARR BROWN GEE & LOVELESS 185 South State Street, Suite 800 Salt Lake City, Utah 84111 Tel: (801) 532-7840) Fax: (801) 532-7750 Email: twelch@parrbrown.com; calendar@parrbrown.com UNITED STATES DISTRICT COURT FOR THE DISTRICT OF UTAH, CENTRAL DIVISION K2A, LLC, a Utah limited liability company, Plaintiff, vs. MONA VIE, Inc. a Utah corporation; MONAVIE, LLC, a Delaware limited liability company; and DOES 1-50, Defendants.
COMPLAINT AND JURY DEMAND
Case No.: 2:14-cv-00104-PMW Mag. Judge: Paul M. Warner Plaintiff K2A, LLC Hereby complains against the defendants as follows:
 
 
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PARTIES
1.
 
K2A, LLC (K2A) is a Utah Limited Liability Company having a business address at 801 South Pleasant Grove, Boulevard, Suite 200, Pleasant Grove, Utah 84062. 2.
 
Defendant Mona Vie, Inc. is a Utah corporation having a business address at 10855 South River Front Pkwy Suite 100, South Jordan, UT 84095. 3.
 
Defendant MonaVie, LLC is a Delaware Limited Liability Company having an address at 10855 South River Front Pkwy Suite 100, South Jordan, UT 84095.
4.
 
On information and belief, Does 1-50 are agents, employees or distributors of MonaVie, LLC or the other defendants.
 
JURISDICTION AND VENUE
5.
 
This is a case for patent infringement pursuant to 35 U.S.C. §271, for false advertising pursuant to 15 U.S.C. 1125(a), and for breach of contract. 6.
 
This Court has jurisdiction over the patent claims and false advertising claims under 28 U.S.C. §§ 1331 and 1338(a), and supplemental jurisdiction over the breach of contract claims pursuant to 28 U.S.C. § 1367(a). 7.
 
Venue is proper in this district under 28 U.S.C. §§ 1391(b) and 1400 because each of the named defendants resides in this district and/or because each of the defendants has conducted business in the state of Utah and has availed itself of the laws and privileges of the state of Utah with respect to the transactions which give rise to the allegations set forth in the present action.
 
 
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BACKGROUND
8.
 
In about 2003 Dr. Alex Schauss (“Schauss”) and Ken Murdock (“Murdock”) made discoveries regarding nutritional properties of the açai berry which grows in the rainforests of Brazil. 9.
 
Schauss and Murdock determined that the açai berry was particularly rich in antioxidants and other nutrients which are important for a healthful diet. 10.
 
Moreover, Schauss and Murdock discovered that by freeze-drying the açai berry and the related juçara berry (collectively referred to as açai), they could obtain a powder that had a level of antioxidant activity dramatically higher than any other known fruit. 11.
 
The level of antioxidant activity in food can be described by the Oxygen Radical Absorbance Capacity test (“ORAC”). 12.
 
The freeze-dried açai powder has been known to have an ORAC value which is nearly 10 times that of the fruit having the next highest ORAC value. 13.
 
Schauss and Murdock filed for a patent on the technology in 2003 and assigned the application to K2A. 14.
 
Dr. Schauss also signed a services agreement with K2A to promote the technology covered in the patent application. 15.
 
In late 2004 K2A was introduced to the owners of a new start-up company called Monarch Health Sciences, Inc. (“Monarch”). 16.
 
Monarch was setting up a multi-level marketing company but needed a product to market and sell. Upon learning of K2A’s açai berry technology, Monarch started making juice

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