The Federal Circuit has upheld a lower court ruling that a muscle magazine ad about a bodybuilding supplement rendered the underlying patent obvious and invalid. The decision upheld an Eastern District of Texas ruling that seven of the patent's claims were invalid because the invention "was disclosed in a printed publication before the critical date." The appeals court found that a person with ordinary skill in the art would be able to determine the amounts of the known ingredients listed in the ad to practice the invention.
Federal Circuit Rules That Muscle Magazine Ad Invalidates Patent
The National Law Journal
November 25, 2009