UNITED STATES
SECURITIES AND EXCHANGE COMMISSION
Washington, D.C. 20549
FORM 8-K
CURRENT REPORT
pursuant to Section 13 or 15(d) of the
Securities Exchange Act of 1934
DATE OF REPORT (Date of earliest event reported): MARCH 15 2012
000-15701
(Commission file number)
NATURAL ALTERNATIVES INTERNATIONAL, INC.
(Exact name of registrant as specified in its charter)
| Delaware | 84-1007839 | |
| (State of incorporation) | (IRS Employer Identification No.) | |
| 1185 Linda Vista Drive San Marcos, California 92078 |
(760) 744-7340 | |
| (Address of principal executive offices) | (Registrant’s telephone number) | |
Check the appropriate box below if the Form 8-K filing is intended to simultaneously satisfy the filing obligation of the registrant under any of the following provisions:
| ¨ | Written communications pursuant to Rule 425 under the Securities Act (17 CFR 230.425) |
| ¨ | Soliciting material pursuant to Rule 14a-12 under the Exchange Act (17 CFR 240.14a-12) |
| ¨ | Pre-commencement communications pursuant to Rule 14d-2(b) under the Exchange Act (17 CFR 240.14d-2(b)) |
| ¨ | Pre-commencement communications pursuant to Rule 13e-4(c) under the Exchange Act (17 CFR 240.13e-4(c)) |
ITEM 8.01 OTHER EVENTS.
On March 15, 2012, Natural Alternatives International, Inc., a Delaware corporation (NAI), issued a press release announcing that it has settled its patent infringement dispute with BPI Sports and Image Sports over NAI’s patented CarnoSyn® Beta-Alanine. NAI expects the settlement of this matter will help reduce its litigation expenses during the remainder of fiscal 2012. A copy of the press release is attached hereto as Exhibit 99.1 and incorporated by reference herein.
ITEM 9.01 FINANCIAL STATEMENTS AND EXHIBITS.
| (d) | Exhibits. |
| 99.1 | Press Release of NAI issued on March 15, 2012. | |
SIGNATURES
Pursuant to the requirements of the Securities Exchange Act of 1934, the registrant has duly caused this report to be signed on its behalf by the undersigned hereunto duly authorized.
| Natural Alternatives International, Inc. | ||||||
| Date: March 19, 2012 |
By: | /s/ Ken Wolf | ||||
| Ken Wolf | ||||||
| Chief Financial Officer | ||||||
Exhibit 99.1
Natural Alternatives International, Inc. Settles Patent Infringement Dispute with BPI Sports and Image Sports Over its Patented CarnoSyn® Beta-Alanine
SAN MARCOS, Calif., March 15, 2012 — Natural Alternatives International, Inc. (“NAI”) (NASDAQ:NAII), a leading formulator, manufacturer and marketer of customized nutritional supplements, announced today that it has entered into a settlement agreement to provide BPI Sports, LLC (“BPI”) and Image Sports, LLC (“Image”) with NAI’s patented CarnoSyn® beta-alanine.
Under the terms of the settlement agreement, BPI and Image will purchase CarnoSyn® beta-alanine from NAI’s licensed distributor, Compound Solutions, Inc., (“CSI”) pursuant to a separate supply agreement between CSI, BPI and Image and receive a license from NAI to its intellectual property rights regarding CarnoSyn® beta-alanine.
Mark A. LeDoux, NAI’s CEO and Chairman of the Board, said, “NAI is pleased to amicably resolve its intellectual property dispute with BPI and Image. We look forward to partnering with these prominent brands who chose to respect NAI’s extensive beta-alanine patent rights in return for a long-term business solution to exclusively use NAI’s CarnoSyn® beta-alanine in their products. NAI will continue to build its CarnoSyn® brand and where necessary, enforce its beta-alanine intellectual property.”
As part of the agreement NAI will dismiss two cases filed in U.S. District Court for the Southern District of Texas against BPI and Image alleging infringement of NAI’s recently issued patent, U.S. Patent No. 8,067,381, entitled “Methods and compositions for increasing the anaerobic working capacity in tissues.” BPI and Image will dismiss a counter-suit they filed against NAI in U.S. District Court for the Southern District of Florida. Other terms of the agreement are confidential. A list of NAI’s intellectual property rights may be found at http://www.carnosyn.com.
NAI, headquartered in San Marcos, California, is a leading formulator, manufacturer and marketer of nutritional supplements and provides strategic partnering services to its customers. NAI’s comprehensive partnership approach offers a wide range of innovative nutritional products and services to NAI’s clients including: scientific research, clinical studies, proprietary ingredients, customer-specific nutritional product formulation, product testing and evaluation, marketing management and support, packaging and delivery system design, regulatory review and international product registration assistance. For more information about NAI, please see its website at http://www.nai-online.com.
This press release contains forward-looking statements within the meaning of applicable securities laws that are not historical facts and information. These statements represent our intentions, expectations and beliefs concerning future events, including, among other things, our expectations and beliefs with respect to our future financial and operating results, the outcome of pending litigation, the continued validity of our patents, and our ability to successfully develop, license and enforce our intellectual property rights. We wish to caution readers these statements involve risks and uncertainties that could cause actual results and outcomes for future periods to differ materially from any forward-looking statement or views expressed herein. NAI’s financial performance and the forward-looking statements contained herein are further qualified by other risks including those set forth from time to time in the documents filed by us with the Securities and Exchange Commission, including our most recent Annual Report on Form 10-K and Quarterly Report on Form 10-Q.
SOURCE – Natural Alternatives International, Inc.
CONTACT – Kenneth Wolf, Chief Operating and Chief Financial Officer, Natural Alternatives International, Inc., at 760-736-7700 or investor@nai-online.com.
Website: http://www.nai-online.com