Patent Anticipation
Federal Circuit
Iovate Health Sciences, Inc. v. BSN, Inc.
2009-1018
USDC ED Texas
On motion for summary judgment, was the asserted U.S. Patent 6,100,287 which claims the use of nutritional supplements containing a ketoacid and an amino acid that is either cationic or dibasic to enhance human muscle performance or recovery from fatigue invalid as anticipated under 35 U.S.C. § 102(b) by print advertisements published before the critical date with a list of ingredients, directions for administering the supplements orally and marketing claims and testimonials from bodybuilders extolling product effects?