The U.S. Court of Appeals for the Federal Circuit recently upheld a lower court’s ruling that a muscle magazine advertisement about a bodybuilding supplement rendered the underlying patent obvious and invalid.
The court’s Nov. 19 panel decision in Iovate Health Sciences Inc. v. Bio-Engineered Supplements & Nutrition Inc. upheld an Eastern District of Texas decision that seven claims of the patent were invalid because the invention “was disclosed in a printed publication before the critical date.”
