No idea bigpike. I don't own NAII, so I haven't dug into the details. But I highly doubt that High Tech would make this statement unless it was true.
Hi-Tech hopes that after winning another high stakes patent case that companies would simply leave Hi-Tech alone. In the past 5 years Hi-Tech has been part of invalidating the following compounds: D-Aspartic acid, L-Citrulline, L-arginine, creatine nitrate and beta alanine. In sum, the '084 patent, the '947 patent, the '376 patent, the '596 patent, the '865 patent, and the '610 patent claim ineligible subject matter and, thus, are invalid under 35 U.S.C. § 101.16 Accordingly, the Court granted Hi-Tech' motions for judgment on the pleadings, and the Court dismisses NAI's claims for patent infringement with prejudice.