Upsher-Smith Faces False Marking Suit Over Diet Drug

Law360, New York (November 18, 2010, 12:41 PM EST) -- Upsher-Smith Laboratories Inc. is facing allegations that it marked its dietary supplement Slo-Niacin with an expired patent to deceive consumers and deter innovation.

Maple Grove, Minn.-based Upsher-Smith labeled Slo-Niacin 250-, 500- and 750-milligram tablets with a patent that expired in June 2009, Promote Innovation LLC said Wednesday in a complaint lodged in the U.S. District Court for the Eastern District of Texas.

Promote Innovation, an entity created earlier this year to pursue false marking claims, asserts a violation of Section 292 of the Patent Act and...
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