United States Federal Circuit
Iovate Health Sci., Inc. v. Bio-Engineered Supplements & Nutrition, Inc., 09-1018
In a patent case involving nutritional supplements containing a ketoacid and an amino acid to enhance muscle performance or recovery from fatigue, summary judgment holding certain of plaintiff's patent claims invalid as anticipated is affirmed as the Professional Protein advertisement constitutes an anticipatory printed publication under section 102(b) that invalidates the asserted claims of the patent as: 1) the ad discloses each and every claim limitation as a matter of law; and 2) a person of skill in the art, combining his or her knowledge of the art with the advertisement's suggestions, would have considered the advertisements to be enabled.
Appellate Information
- Decided 11/19/2009
- Published 11/19/2009
Judges
Court
- United States Federal Circuit