ThermoLife Asks Fed. Circ. To Allow Creatine Patent Claim

Law360 (January 4, 2019, 6:02 PM EST) -- The U.S. Patent and Trademark Office wrongly rejected a proposed claim in a dietary supplement-related patent, ThermoLife International LLC told the Federal Circuit on Thursday, by finding that it was anticipated based on chemistry from the 1850s.

ThermoLife said the USPTO's Patent Trial and Appeal Board was wrong in May to reject one proposed claim for creatine nitrate — a human-made compound that aids energy production and is used in nutritional supplements — in U.S. Patent No. 7,777,074 after more than seven years of litigation on the basis that the compound was anticipated by prior chemists dating back to the 19th...

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