02 Mar Newman LLP Invalidates Patent
In another successful patent case, Newman | LLP attorneys Derek Newman and Keith Scully together with a joint-defense team convinced a California federal judge to declare as invalid a patent for the use of D-aspartic acid (DAA) in dietary supplements. The ruling allows Muscle Warfare, Inc., Newman LLP’s client, to continue manufacturing and marketing products containing DAA.
Muscle Warfare and several other defendants were sued for patent infringement by ThermoLife International LLC. The suit claimed the defendants infringed a patent by manufacturing, advertising, distributing, or selling dietary supplements containing DAA. Newman LLP and the defense team counterclaimed that the issue of patent infringement need not be reached because the patent itself was invalid.
Agreeing with Newman LLP, Judge Gary Allen Feess of the United States District Court for the Central District of California found that Italian inventors used the accused invention years before ThermoLife claimed it created the technology in its patent try this. So the Los Angeles based federal court invalidated the patent.
Newman LLP has defended against patent-infringement claims and vigorously protected patent rights for its clients for 15 years. If you have a patent issue, you can reach Derek Newman at 310-359-8200.