Awakend Zenith patent trial pushed back to November 2023
The Awakend Zenith patent dispute was set to be decided at trial on March 28th, 2023.
Following a stipulation filed on January 2nd, a new November 2023 trial date has been set.
The main reasons behind the requested delay are defendant First Fruits Business Ministry filing for bankruptcy, and their filing of an amended second counterclaim. Both these events took place last October.
As per the January 2nd stipulation filing;
The current case management dates and trial date are not feasible in light of First Fruits Business Ministry LLC’s bankruptcy filing and the recently-filed Second Amended Counterclaim.
The stipulation proposed a November 13th trial date. A January 4th order set a November 14th trial date.
It should be noted that while the trial will have a significant impact on Awakend, the lawsuit is between formulator Tripharma (now Vietal Nutrition) and FFBM.
Pending resolution of the ongoing patent dispute, Awakend began shipping Zenith out with a different formula in November.
Update 31st March 2023 – On March 9th Tripharma and FFBM filed a stipulation requesting litigation be stayed for 90 days pending a potential settlement.
Later that same day the court granted the stipulation;
This action be stayed as between Plaintiff Tripharma, LLC, on the one hand, and Defendant/Counterclaimant First Fruits Business Ministry, LLC (“FFBM”), and its principal Co-Defendant Roger Catarino, on the other hand, for ninety days beginning on March 9, 2023.
Counterclaimant FFBM’s deadline to file a Third Amended Counterclaim be continued to ten days following the expiration of the litigation stay.
I’ll continue to check the docket every few weeks for a settlement update.
Update 4th July 2023 – On June 6th another sixty day extension was sought to “facilitate potential settlement”.
The motion was granted later the same day, extending the settlement deadline to August 4th.