Karmagreen v. United Wholesale: Supplement Patent Dismissal After 970 Days of Litigation
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📋 Case Summary
| Case Name | Karmagreen, LLC v. United Wholesale & Distributor, Inc. |
| Case Number | 1:22-cv-04023 (N.D. Ga.) |
| Court | Northern District of Georgia |
| Duration | Oct 2022 – Jun 2025 970 days |
| Outcome | Dismissed with Prejudice |
| Patents at Issue | |
| Accused Products | TD Mega, TD Plus, TD Red product lines |
Case Overview
The Parties
⚖️ Plaintiff
A patent-holding entity asserting rights across a portfolio of dietary supplement-related intellectual property.
🛡️ Defendant
A wholesale distribution company whose TD Mega, TD Plus, and TD Red product lines were accused of infringement.
The Patents at Issue
This litigation involved four U.S. patents owned by Karmagreen, LLC. The patents appear to cover formulations and/or delivery technologies for dietary supplements.
- • US10,624,902 B1 — Filed Oct 6, 2022
- • US11,318,146 B2 — Filed Oct 6, 2022
- • US11,324,755 B2 — Filed Oct 6, 2022
- • US11,324,754 B2 — Filed Oct 6, 2022
The ‘902 patent’s earlier priority date suggests it may be the foundational technology, with the other three patents being continuations or related applications designed to broaden claim coverage.
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Litigation Analysis
Outcome & Resolution
After 970 days, the case concluded via a **stipulated dismissal with prejudice** under Federal Rule of Civil Procedure 41(a). This means all claims and counterclaims were dropped permanently, and neither party can re-litigate the same issues. Crucially, each party bore its own attorneys’ fees and costs, indicating no damages were awarded and no court found infringement or invalidity on the merits.
Key Legal & Strategic Considerations
The extended duration (970 days) suggests significant procedural activity, potentially including claim construction disputes, extensive discovery, or prolonged settlement negotiations. A mutual dismissal with prejudice and no fee-shifting typically points to a confidential settlement, the patent holder determining litigation costs outweigh potential recovery, or the defendant finding it more cost-effective to settle than continue defense.
United Wholesale’s status as a defendant and counter-plaintiff (signaling affirmative defenses or invalidity counterclaims) is noteworthy. Even distributors can mount robust defenses. The assertion of a four-patent family, likely including continuations, illustrates a strategy to maximize leverage but also increases the risk of a foundational patent’s invalidity being established, potentially collapsing the entire portfolio’s value.
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⚠️ Freedom to Operate (FTO) for Supplement Formulations
This case highlights the IP risks in the dietary supplement market. Choose your next step:
📋 Understand This Case’s Impact
Learn about the specific risks and implications from this litigation on supplement patents.
- View all related patents in this technology space
- See companies active in supplement formulation patents
- Understand claim construction patterns in the sector
🔍 Check My Product’s Risk
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High Risk Area
Proprietary formulations and delivery systems
4 Continuation Patents
Asserted in the case
Negotiated Exit
Common in distributor litigation
✅ Key Takeaways
For Patent Attorneys
Stipulated dismissals in patent litigation often indicate confidential settlements rather than merits rulings.
Search related case law →Multi-patent assertion campaigns, especially those using continuation families, require rigorous validity assessment due to increased counter-claim exposure.
Explore patent strategy resources →Distributors can be significant litigation targets; robust FTO and defense strategies are crucial.
Learn about distributor IP defense →For R&D and Product Teams
Conduct thorough FTO analysis for supplement formulations, considering full patent families and continuation applications.
Start FTO analysis for my product →Proactively document the innovation and development process for novel formulations and delivery systems.
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