VPX Wants Muscle Drink On Shelves Pending Appeal

Law360, New York (May 13, 2009, 12:00 AM EDT) -- Vital Pharmaceuticals Inc. has asked a federal court to allow the nutritional supplement maker to keep its ready-to-drink protein supplement in stores pending an appeal of the court's recent decision that the product's packaging infringes a larger rival's similar product.

In a motion filed Tuesday in the U.S. District Court for the Eastern District of California, Vital Pharmaceuticals, better known as VPX Sports, told Judge Frank C. Damrel that his May 6 order requiring VPX to pull its Muscle Power drink off the market because its...
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