Axcess Global Sciences Sues Etta Vita on BHB Mixed-Salt Patents Over GLP-1 Burn.

The complaint

The case is Axcess Global Sciences, LLC v. Etta Vita LLC, No. 1:26-cv-03005-ABD (W.D. Tex.), filed October 26, 2026, in the Austin Division. The docket shows the case assigned to Judge Andrew B. Davis; an October 26 docket entry says any referrals and consents will go to Magistrate Judge Hightower if the court orders them. Plaintiff Axcess Global Sciences, LLC is a Utah limited liability company with its principal place of business in Salt Lake City, Utah. Defendant Etta Vita LLC is a Texas limited liability company with its principal place of business in Austin, Texas. A jury trial is demanded.

Jurisdiction and venue

The complaint pleads subject-matter jurisdiction under 28 U.S.C. 1331 and 1338(a). It alleges personal jurisdiction and venue under 28 U.S.C. 1391 and 1400(b) because Etta Vita is a Texas limited liability company with a principal place of business in the district and has committed a substantial portion of the alleged infringing activity from within the district.

The patents and claims

The complaint says Axcess Global Sciences is the owner by assignment of U.S. Patent 11,020,362, titled "Beta-Hydroxybutyrate Mixed Salt Compositions and Methods of Use," issued June 1, 2021 (filing date December 19, 2019), and U.S. Patent 11,241,403, bearing the same title, issued February 8, 2022 (filing date March 11, 2021). It asserts at least claim 1 of each patent. The Asserted Patents, the complaint says, include claims for ketogenic compositions including a plurality of beta-hydroxybutyrate (BHB) salts.

What the patents cover

U.S. Patent 11,020,362 covers compositions for increasing blood ketone level that include at least three beta-hydroxybutyrate salts chosen from sodium, potassium, calcium, and magnesium BHB salts, in solid and/or powder form, free of medium chain fatty acids having 6 to 12 carbons and glycerides or other esters thereof. Claim 1 covers a composition for increasing blood ketone level in a subject, comprising at least three beta-hydroxybutyrate salts selected from sodium beta-hydroxybutyrate, potassium beta-hydroxybutyrate, calcium beta-hydroxybutyrate, and magnesium beta-hydroxybutyrate, wherein the composition is in solid and/or powder form, and wherein the composition is free of medium chain fatty acids having 6 to 12 carbons and glycerides or other esters thereof.

U.S. Patent 11,241,403 covers compositions for increasing ketone level that include a plurality of BHB salts with at least one calcium or magnesium BHB salt and at least one other listed BHB salt, with calcium and/or magnesium BHB at least 20% by total weight of the BHB salts, in solid and/or powder form, likewise free of those medium chain fatty acids and esters. Claim 1 covers a composition for increasing ketone level in a subject, comprising a plurality of beta-hydroxybutyrate salts comprised of at least one beta-hydroxybutyrate salt selected from calcium beta-hydroxybutyrate and magnesium beta-hydroxybutyrate, and at least one other beta-hydroxybutyrate salt selected from sodium, potassium, calcium, and magnesium beta-hydroxybutyrate and amino acid salts of beta-hydroxybutyrate, wherein the beta-hydroxybutyrate salts comprise at least 20% by total weight of calcium beta-hydroxybutyrate and/or magnesium beta-hydroxybutyrate, wherein the composition is in solid and/or powder form, and wherein the composition is free of medium chain fatty acids having 6 to 12 carbons and glycerides or other esters thereof.

The accused products

The complaint identifies as the exemplary Accused Product Etta Vita's GLP-1 Burn*+ supplement, depicted with a product-page URL on ettavita.com for "glp1-burn-igniter-with-akkermansia-yerba-mate-and-berberine," with Exhibits C and D. It alleges, on information and belief, that Etta Vita makes, uses, advertises, offers for sale, and sells the accused products through its own website (ettavita.com), Amazon.com, and other third-party retailers. It also alleges, on information and belief, that each of the Accused Products contains approximately the same amounts of infringing ingredients and infringes in the same manner. The complaint's element-by-element allegations cite test results in Exhibit G that it says confirm the presence of calcium, potassium, and sodium beta-hydroxybutyrate, and Exhibit H, which it says shows no MCT in the composition.

The infringement allegations

The First Claim for Relief (the '362 patent) and Second Claim for Relief (the '403 patent) allege, on information and belief, direct infringement under 35 U.S.C. 271(a) by making, using, selling, and/or offering for sale the Accused Products in the United States or importing them, and, also on information and belief, induced and contributory infringement under 271(b) and 271(c). The complaint says Etta Vita received written notice of infringement from Axcess Global Sciences on or about May 15, 2026 (Exhibit F), and has had actual knowledge of the Asserted Patents since then. It alleges willful infringement and that the case is exceptional. It says Axcess Global Sciences and its affiliates and licensees compete directly with Etta Vita in the market for BHB supplements, and its damages theories include lost profits and diverted sales and market share. It also says Axcess Global Sciences has enforced the Asserted Patents in actions against other retailers, including on Amazon.com and eBay.com.

The relief sought

The prayer seeks judgment of direct and/or indirect infringement of both patents, literally or under the doctrine of equivalents; a preliminary and permanent injunction under 35 U.S.C. 283; damages under 35 U.S.C. 284; enhancement up to trebling for willful infringement under 284; a declaration that the case is exceptional and attorney fees under 35 U.S.C. 285; costs; and other relief.

The clerk's deficiency notice

On October 28, 2026, the clerk entered a deficiency notice on the complaint under Local Rule CV-65, which requires an application for a temporary restraining order or preliminary injunction to be made in a separate instrument. The notice says a separate motion and proposed order must be filed if that relief is still requested.

What to watch next

Watch for Etta Vita's answer or Rule 12 motion, whether Axcess Global Sciences files a separate preliminary-injunction motion after the deficiency notice, any dispute over the May 15, 2026 notice letter, and scheduling before Judge Davis in the Austin Division.