Iovate supplement patent ruled invalid
This article was originally published in The Tan Sheet
Executive SummarySupplements made by Bio-Engineered Supplements & Nutrition Inc. did not infringe a patent on a certain formulation of a ketoacid and an amino acid to enhance muscle performance, a federal appellate court says. Iovate Health Sciences appealed a summary judgment order by a U.S. district court in Texas, which had declared Iovate's patent invalid as anticipated by prior advertising. In a Nov. 19 1decision, the U.S. Court of Appeals for the Federal Circuit affirmed the lower court's decision, finding Iovate's patent on the ketoacid/amino acid supplement anticipated by earlier ads for TwinLab Mass Fuel and Weider's VICTORY Professional Protein products
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