Axcess Global Sciences v. Vitalux & VitalityGlow: Default Judgment in ACV Gummy Patent Dispute
Axcess Global Sciences, LLC secured a default judgment against Vitalux Inc and VitalityGlow Inc in the Wyoming District Court, alleging infringement of two dietary supplement patents covering ACV and keto gummy formulations. The court awarded $620,310 in enhanced damages under 35 U.S.C. § 284, plus a permanent injunction and asset freeze extending to Amazon and third-party financial institutions.
Default judgment, asset freeze, and permanent injunction in ACV supplement patent dispute
Axcess Global Sciences, LLC filed suit on April 19, 2024 in the U.S. District Court for Wyoming against Vitalux Inc and VitalityGlow Inc, asserting infringement of two U.S. patents — US11020362B2 and US11241403B2 — covering dietary supplement formulations sold as ACV gummies and extra-strength keto gummies. The accused products, including Maxibears ACV Gummies, Vitalena ACV Gummies, and Vitalena Nature Extra Strength Keto Gummies (identified by Amazon ASINs B0B34M4NHC and B0BRY18HDZ), were sold through online marketplaces including Amazon.
The case closed on May 29, 2025, through default judgment — meaning the defendants failed to respond or appear, and the court entered judgment entirely in the plaintiff’s favor. The court found infringement on Counts I–II and false advertising on Counts III–V, awarding $620,310 in enhanced damages under 35 U.S.C. § 284, which permits up to treble damages for willful infringement, plus $29,742.28 in attorneys’ fees. Defendants and their affiliates were permanently enjoined from making, selling, or importing the accused products, and third-party providers including Amazon were ordered to freeze and release defendants’ funds.
The 405-day resolution is consistent with the expedited timelines that default proceedings typically produce, as no contested litigation phases — claim construction, discovery, or trial — were required. The scale of the enhanced damages award suggests the court found the infringement sufficiently egregious to warrant multiplication of the base damages figure, though the precise base calculation is not disclosed in the public record. The defendants’ complete non-participation leaves unanswered questions about whether the accused products remain available through other channels or under different ASINs.
Filing to Default Judgment in 405 days
405 days from filing to default judgment — faster than median patent case disposition in U.S. district courts
Default judgment entered: what the order means for both parties
Default judgment: plaintiff wins without merits contest
A default judgment is entered when a defendant fails to appear or respond to a complaint. The court does not adjudicate the merits; instead, it accepts the plaintiff’s well-pleaded allegations as true and fashions appropriate relief. Here, the Wyoming District Court entered judgment on all seven counts — two patent infringement counts and five false advertising counts — solely on the basis of defendants’ non-participation. Enhanced damages under 35 U.S.C. § 284 were also awarded, consistent with a finding of willfulness.
Default — no merits adjudicationAxcess Global Sciences obtains maximum relief package
Axcess Global Sciences secured $620,310 in enhanced damages, $29,742.28 in attorneys’ fees, a permanent injunction barring further infringement and false advertising, and a third-party asset freeze reaching Amazon and financial institutions. The injunction extends to affiliates, agents, and confederates — providing Axcess broad enforcement reach. Ongoing authority to serve the order on new third-party providers strengthens long-term enforceability, though actual collection depends on defendants’ recoverable assets.
Enhanced damages + permanent injunctionVitalux and VitalityGlow face asset freeze and contempt risk
By failing to respond, Vitalux Inc and VitalityGlow Inc forfeited any opportunity to contest infringement, challenge patent validity, or dispute the damages calculation. Their Amazon accounts and financial institution balances are subject to immediate freeze and transfer to plaintiff. Any future non-compliance is deemed contempt, exposing defendants to additional fines and property seizure. The default posture makes post-judgment challenge procedurally difficult, requiring a showing of excusable neglect or a meritorious defense.
Asset freeze — contempt exposureOnline supplement sellers face escalating IP enforcement risk
This case is consistent with a broader enforcement pattern targeting Amazon marketplace sellers of dietary supplements with functionally overlapping formulations. The court’s willingness to extend the injunction and asset freeze to Amazon and unnamed financial institutions signals that U.S. district courts will exercise broad equitable powers in default supplement IP cases. Sellers operating under multiple brand identities or ASINs with similar formulations to patented ACV or keto gummy products should treat this order as a material FTO risk signal.
Amazon IP enforcement — dietary supplementsFull party and counsel information
| Role | Name | Type | Detail |
|---|---|---|---|
| Plaintiff | Axcess Global Sciences, LLC | Company | Dietary supplement IP licensor — holder of US11020362B2 and US11241403B2Search in Eureka ↗ |
| Defendant | Vitalux Inc | Company | Online supplement sellers operating Vitalux and VitalityGlow branded ACV and keto gummy products on AmazonSearch in Eureka ↗ |
| Co-Defendant | VitalityGlow Inc | Company | Search in Eureka ↗ |
| Plaintiff counsel | Alaina Marie Stedillie | Attorney | Counsel for Axcess Global Sciences, LLCSearch in Eureka ↗ |
| Plaintiff counsel | Brian Nelson Platt | Attorney | Counsel for Axcess Global Sciences, LLCSearch in Eureka ↗ |
| Plaintiff counsel | Collin Hansen | Attorney | Counsel for Axcess Global Sciences, LLCSearch in Eureka ↗ |
| Plaintiff law firm | Crowley Fleck PLLPP | Law Firm | Representing Axcess Global Sciences, LLCSearch in Eureka ↗ |
| Plaintiff law firm | Workman Nydegger | Law Firm | Representing Axcess Global Sciences, LLCSearch in Eureka ↗ |
| Presiding judge | Judge N/A | Judge | Wyoming District CourtSearch in Eureka ↗ |
Official order — verbatim text
The default judgment order covers all seven counts in the complaint — patent infringement (Counts I–II) and false advertising (Counts III–V) — with the court accepting the plaintiff’s allegations as true given defendants’ failure to appear. The award of enhanced damages under 35 U.S.C. § 284 is notable: such enhancement typically requires a finding of willfulness, which the court appears to have inferred from the totality of defendants’ conduct, including alleged false advertising and failure to engage in proceedings. The permanent injunction’s extension to unnamed affiliates and third-party platforms reflects the court’s exercise of broad equitable jurisdiction, and the ongoing authority to serve the order on future third-party providers makes this a living enforcement instrument rather than a one-time award.
US11020362B2 & US11241403B2 — ACV and keto dietary supplement gummy formulations
US11020362B2 (Application No. US16/720211) and US11241403B2 (Application No. US17/198634) are U.S. utility patents held by Axcess Global Sciences, LLC covering dietary supplement formulations in gummy delivery form — specifically apple cider vinegar (ACV) and extra-strength ketogenic supplement compositions. The patents sit within the functional food and nutraceutical IP space, where formulation-level claims can cover specific ingredient combinations, dosage forms, and bioavailability characteristics that differentiate branded supplement products from generic equivalents.
For competitors and private-label supplement manufacturers active on Amazon and other e-commerce platforms, these patents represent a credible enforcement risk in the high-growth ACV and keto gummy segment. Axcess Global Sciences has demonstrated willingness to litigate in Wyoming federal court and obtain default judgments with enhanced damages and platform-level injunctions. Any brand selling ACV gummies, keto gummies, or closely adjacent formulations — particularly those marketed with weight-loss claims — should conduct a formal FTO analysis against both patents before scaling online distribution.
Should you run an FTO against US11020362B2 and US11241403B2?
Any company manufacturing, importing, or selling ACV gummy supplements, keto gummy formulations, or functionally similar dietary supplement gummy products through U.S. e-commerce channels — including Amazon third-party sellers, DTC brands, and white-label suppliers — should evaluate their exposure to US11020362B2 and US11241403B2. This case confirms that Axcess Global Sciences actively monitors and enforces these patents, and that Wyoming federal courts will grant broad injunctive and monetary relief, including account freezes, against non-responsive defendants.
PatSnap Eureka’s FTO Search Agent allows R&D and legal teams to map product formulations against the claim scope of both asserted patents, identify design-around opportunities, and surface prior art that may support an IPR petition or invalidity argument. Eureka can also alert you to new filings by Axcess Global Sciences, track related litigation patterns, and benchmark your formulation against the full landscape of ACV and keto supplement IP — giving you the intelligence to make defensible product launch decisions.
Run a freedom-to-operate analysis on US11020362B2 to assess your product’s exposure
Run FTO in Eureka →Similar dietary supplement patent enforcement cases in U.S. district courts
Cases involving ACV and keto supplement patent enforcement on Amazon, filed in Wyoming and comparable U.S. district courts, with default judgment or injunction outcomes.
Related patent case — similar technology
Comparable case in the same technology domain. Patent holder and defendant reached resolution after proceedings.
SettledRelated infringement action — same court
Comparable ASINs B0B34M4NHC-adjacent infringement action. Patent enforcement dynamics analysed in depth.
Active · District CourtRelated invalidity challenge — appellate outcome
Combined invalidity and infringement action in the same technology space. Decided after substantive proceedings.
DecidedAxcess Global Sciences, LLC’s broader IP enforcement history
Axcess Global Sciences, LLC’s full litigation history covering prior enforcement, licensing activity, and inter partes review proceedings.
Portfolio viewWhat this case signals for the dietary supplement IP landscape
Default judgments with asset freezes are reshaping how supplement patent holders enforce rights against online-first sellers.
Enhanced damages signal willfulness findings even in default proceedings
The court awarded $620,310 under 35 U.S.C. § 284, which permits enhanced damages only where infringement is deemed willful or egregious. Even in the absence of a contested merits hearing, courts in the D. Wyoming are willing to apply enhanced damages multipliers, raising the litigation cost stakes for supplement sellers who ignore complaints.
Third-party provider injunctions extend enforcement reach to Amazon
The order’s explicit reach to Amazon and financial institutions holding defendant assets represents a powerful enforcement lever for patent holders in the supplement space. IP teams monitoring ACV, keto, and gummy supplement ASINs should note that a single default order can immobilise a seller’s entire commercial infrastructure within 7–10 business days.
US11020362B2 and US11241403B2 remain active enforcement tools post-judgment
The patents-in-suit have not been invalidated, cancelled, or narrowed by this proceeding. Axcess Global Sciences retains full enforcement rights and now has a precedential default order to anchor future actions. Competitors selling ACV or keto gummy formulations overlapping these claims face a demonstrably willing and capable litigant with established Wyoming venue practice.
False advertising counts alongside patent claims amplify injunction scope
The five false advertising counts — covering ingredient misrepresentation, raspberry ketone weight-loss claims, and incentivised review schemes — were bundled with the patent counts and resolved jointly. This bundling strategy broadens the injunction well beyond patent scope, restricting future product marketing practices across the defendants’ entire catalogue, not merely the accused ASINs.
Axcess v Vitalux — key questions answered
The Wyoming District Court entered a default judgment in favour of Axcess Global Sciences on May 29, 2025. The court awarded $620,310 in enhanced damages under 35 U.S.C. § 284, $29,742.28 in attorneys’ fees, and a permanent injunction against Vitalux Inc and VitalityGlow Inc. Defendants’ Amazon accounts and financial institution balances were ordered frozen and released to the plaintiff.
Axcess Global Sciences asserted US11020362B2 (Application No. US16/720211) and US11241403B2 (Application No. US17/198634), both covering dietary supplement formulations in gummy form — specifically ACV (apple cider vinegar) and extra-strength keto gummy compositions sold by defendants under the Maxibears and Vitalena brands on Amazon.
Enhanced damages under 35 U.S.C. § 284 are available where infringement is found to be willful or egregious. In a default proceeding, the court accepts the plaintiff’s well-pleaded allegations as true, which here included conduct consistent with willful infringement. The $620,310 award suggests the court applied a significant multiplier to the base damages figure, though the precise base is not itemised in the public record.
Post-default relief is procedurally available under Fed. R. Civ. P. 60(b) but requires a showing of excusable neglect, a meritorious defence, and absence of prejudice to the plaintiff. Given the scope of the monetary and injunctive relief already ordered — including asset freezes — the practical burden of mounting a successful Rule 60(b) motion is significant. No such motion is reflected in the public record.
Yes. The order explicitly names Amazon.com, Inc. as a third-party provider subject to the injunction. Amazon and other platforms with actual notice of the order are required to locate and freeze defendant accounts and funds within seven calendar days and release those funds to Axcess Global Sciences. Axcess retains ongoing authority to serve the order on any future third-party provider associated with the defendants.
Assess your FTO exposure against Axcess Global Sciences supplement patents
If your brand sells ACV or keto gummy products in the U.S. market, this default judgment signals active enforcement risk. Use PatSnap Eureka to run an FTO analysis against US11020362B2 and US11241403B2 and monitor new actions by Axcess Global Sciences.
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