Psycheceutical v. Fleming & DEF LLC: PUFA Monoglycerides Patent Suit Ends at 85 Days
Psycheceutical, Inc. sued Shawn Fleming and DEF, LLC in the Southern District of Florida over US10716776B2, a granted patent covering polyunsaturated fatty acid monoglyceride compositions and methods. The plaintiff voluntarily dismissed the case with prejudice just 85 days after filing — before any defendant counsel appeared on the public docket.
A Rapid Exit: Psycheceutical’s PUFA Patent Suit Ends Before It Begins
On February 13, 2024, Psycheceutical, Inc. filed a patent infringement action in the U.S. District Court for the Southern District of Florida (Case No. 0:24-cv-60246) against Shawn Fleming and DEF, LLC. The asserted patent, US10716776B2, covers polyunsaturated fatty acid (PUFA) monoglycerides — compositions, methods, and uses thereof — a technology with applications in nutraceutical, pharmaceutical, and dietary supplement markets. Judge Rodney Smith presided over the case.
Just 85 days after filing, Psycheceutical filed a Notice of Voluntary Dismissal with Prejudice (DE 11). The court ordered the matter dismissed with prejudice, denied all pending motions as moot, and closed the case on May 8, 2024. A dismissal with prejudice is a final adjudication on the merits as a matter of law, permanently barring Psycheceutical from reasserting the same claims against Fleming and DEF, LLC in any future proceeding.
The speed of resolution — 85 days, with no defendant counsel listed on the docket — is consistent with either a private settlement reached shortly after service, a licensing arrangement, or a strategic decision by the plaintiff to withdraw. The public record does not disclose the underlying reason. The with-prejudice designation is notably self-limiting: unlike a without-prejudice dismissal, it forecloses any future re-filing against these specific defendants on these claims, suggesting the parties reached a definitive resolution outside the courtroom.
Filing to Voluntary dismissal in 85 days
85 days — well below the median district court patent case duration, suggesting early resolution
Dismissed with prejudice: what the voluntary exit means for both parties
Voluntary dismissal with prejudice is a one-way door
A plaintiff-initiated dismissal with prejudice operates as a final judgment on the merits under federal procedural rules. Unlike a without-prejudice dismissal — which preserves the right to refile — this filing permanently extinguishes Psycheceutical’s ability to reassert US10716776B2 infringement claims against Fleming and DEF, LLC. The court’s order required no merits adjudication; the plaintiff chose this finality voluntarily.
Permanent bar on refilingPsycheceutical surrenders future claims against these defendants
By filing with prejudice, Psycheceutical accepted a permanent foreclosure of its infringement claims against Fleming and DEF, LLC. The public record does not reveal whether a settlement, licence, or purely strategic withdrawal drove this decision. What is clear is that the plaintiff — represented by ArentFox Schiff LLP — made a deliberate choice to close this matter finally rather than preserve optionality. The patent itself remains valid and enforceable against third parties.
Claims extinguished vs. these defendantsFleming and DEF, LLC gain permanent protection from this claim
The defendants receive a complete and permanent shield against Psycheceutical’s US10716776B2 claims. With no defendant counsel appearing on the docket, the defendants appear to have resolved their exposure — whether through negotiation, a licence, or other means — without incurring substantial litigation cost. The with-prejudice dismissal means this specific threat cannot be revived.
Defendants protected permanentlyUS10716776B2 remains active — third parties carry full exposure
The dismissal resolves only the dispute between these named parties. US10716776B2, covering PUFA monoglyceride compositions and methods, remains a live granted patent and a potential enforcement risk for any third party operating in this space. Companies commercialising omega-3 or other PUFA-derived monoglyceride products should note that Psycheceutical retains full rights to assert this patent elsewhere.
Patent still enforceable vs. othersFull party and counsel information
| Role | Name | Type | Detail |
|---|---|---|---|
| Plaintiff | Psycheceutical, Inc. | Company | Nutraceutical/biotech company — holder of US10716776B2 covering PUFA monoglyceride compositionsSearch in Eureka ↗ |
| Defendant | Shawn Fleming | Individual | Shawn Fleming (individual) and DEF, LLC — accused of infringing PUFA monoglyceride patentSearch in Eureka ↗ |
| Co-Defendant | DEF, LLC | Company | Search in Eureka ↗ |
| Plaintiff counsel | Joan Carlos Wizel | Attorney | Counsel for Psycheceutical, Inc.Search in Eureka ↗ |
| Plaintiff counsel | Kevin M. Nelson | Attorney | Counsel for Psycheceutical, Inc.Search in Eureka ↗ |
| Plaintiff counsel | Mir Y. Ali | Attorney | Counsel for Psycheceutical, Inc.Search in Eureka ↗ |
| Plaintiff counsel | Onier Llopiz | Attorney | Counsel for Psycheceutical, Inc.Search in Eureka ↗ |
| Plaintiff law firm | ArentFox Schiff LLP | Law Firm | Representing Psycheceutical, Inc.Search in Eureka ↗ |
| Plaintiff law firm | Llopiz Wizel, LLP | Law Firm | Representing Psycheceutical, Inc.Search in Eureka ↗ |
| Presiding judge | Judge Rodney Smith | Judge | Florida Southern District CourtSearch in Eureka ↗ |
Official order — verbatim text
The court’s order is purely procedural — it records Psycheceutical’s voluntary election to dismiss with prejudice and confirms all pending motions are denied as moot. No merits were adjudicated, no claim construction was conducted, and no infringement or invalidity finding was made. The with-prejudice designation carries the same legal force as a final judgment, permanently barring re-assertion of these specific claims against Fleming and DEF, LLC, but it says nothing about the patent’s validity or the defendants’ underlying conduct.
US10716776B2 — Polyunsaturated Fatty Acid Monoglyceride Compositions & Methods
US10716776B2, filed under application number US16/517607, is a granted U.S. patent covering polyunsaturated fatty acid (PUFA) monoglycerides — a class of lipid compounds formed by esterifying a single fatty acid chain to a glycerol backbone. The patent encompasses compositions, methods of preparation, and uses, placing it at the intersection of nutritional biochemistry, pharmaceutical formulation, and dietary supplement technology. PUFA monoglycerides are of commercial interest for their enhanced bioavailability relative to conventional triglyceride-form omega-3 products.
For competitors in the omega-3, nutraceutical, and functional food sectors, US10716776B2 represents a potentially broad composition patent that could capture a range of PUFA monoglyceride products regardless of brand. Psycheceutical’s decision to enforce this patent in federal court — even in a case resolved quickly — demonstrates active enforcement intent. Any company developing PUFA-derived monoglyceride formulations, whether for dietary supplements, medical nutrition, or pharmaceutical applications, should assess their exposure to this patent’s claims carefully.
Should your team run an FTO against US10716776B2?
If your R&D or product team is working with polyunsaturated fatty acid monoglyceride compositions — including omega-3 monoglycerides for dietary supplements, medical foods, or pharmaceutical applications — US10716776B2 is a patent that warrants direct FTO assessment. Psycheceutical has demonstrated willingness to file infringement actions, and a granted composition patent covering PUFA monoglycerides can apply broadly across formulation types and use cases.
PatSnap Eureka’s FTO Search Agent can map the claims of US10716776B2 against your product specifications, identify prior art that may inform invalidity arguments, and flag overlapping patents in the PUFA and lipid formulation space. For product teams approaching commercial launch with any monoglyceride-based PUFA ingredient, an Eureka-assisted FTO provides structured, defensible documentation of your clearance analysis.
Run a freedom-to-operate analysis on US10716776B2 to assess your product’s exposure
Run FTO in Eureka →Similar PUFA & nutraceutical patent infringement cases in U.S. district courts
Cases involving PUFA composition patents and nutraceutical ingredient IP disputes in U.S. district courts — particularly the S.D. Fla. — follow identifiable resolution patterns worth benchmarking.
What this case signals for the PUFA and nutraceutical patent landscape
An 85-day lifecycle and a with-prejudice exit suggest this dispute resolved privately — but the underlying patent remains a live enforcement tool.
Speed of dismissal suggests private resolution, not capitulation
Cases dismissed with prejudice this quickly — before any defendant appearance or substantive motion — typically reflect a negotiated outcome. Whether that means a licence, a covenant not to sue, or a business arrangement, the defendants likely secured meaningful protection. IP teams monitoring Psycheceutical’s enforcement posture should treat this as a data point, not a retreat.
US10716776B2 is still enforceable — third-party FTO exposure remains real
The voluntary dismissal extinguishes only claims against Fleming and DEF, LLC. Any company developing, manufacturing, or distributing polyunsaturated fatty acid monoglyceride compositions should conduct a freedom-to-operate analysis against US10716776B2. The patent’s granted status and Psycheceutical’s demonstrated willingness to enforce indicate continued litigation risk in this sector.
Psycheceutical v Shawn — key questions answered
It means Psycheceutical permanently surrendered its right to sue Fleming and DEF, LLC for infringement of US10716776B2. A with-prejudice dismissal carries the legal force of a final judgment — the same claims cannot be refiled. The underlying patent remains valid and enforceable against other parties.
Yes. The voluntary dismissal resolved only the dispute between Psycheceutical and these specific defendants. No invalidity finding was made, no claim construction was conducted, and the patent was not challenged or cancelled. US10716776B2 remains a granted, enforceable U.S. patent that Psycheceutical can assert against any third party.
The public record does not disclose the reason. Cases voluntarily dismissed with prejudice within 85 days — before defendant counsel appears — typically suggest a negotiated resolution such as a licence, settlement payment, or covenant not to sue. A purely strategic withdrawal is also possible but less common when a plaintiff retains a firm of ArentFox Schiff’s calibre.
US10716776B2 covers polyunsaturated fatty acid (PUFA) monoglyceride compositions, their methods of preparation, and their uses. This encompasses lipid compounds relevant to omega-3 dietary supplements, nutraceuticals, medical nutrition products, and potentially pharmaceutical formulations where enhanced PUFA bioavailability is a design objective.
The case was filed in the U.S. District Court for the Southern District of Florida (Case No. 0:24-cv-60246) and was assigned to Judge Rodney Smith. The case was filed on February 13, 2024 and closed on May 8, 2024 after 85 days.
PatSnap Eureka searches patents and litigation data to answer instantly.