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IOVATE HEALTH SCI. v. BIO-ENGINEERED SUPPLEMENTS

No. 2009-1018.

586 F.3d 1376 (2009)

IOVATE HEALTH SCIENCES, INC. and University of Florida Research Foundation, Inc., Plaintiffs-Appellants, v. BIO-ENGINEERED SUPPLEMENTS & NUTRITION, INC. (doing business as BSN, Inc.), Defendant-Appellee, and Medical Research Institute, Defendant-Appellee.

United States Court of Appeals, Federal Circuit.

November 19, 2009.

Attorney(s) appearing for the Case

Charles A. Weiss, Kenyon & Kenyon LLP, of New York, NY, argued for plaintiffs-appellants. With him on the brief were Elizabeth A. Gardner and Cynthia Lambert Hardman.

Philip D. Segrest, Jr., Husch Blackwell Sanders Welsh & Katz, of Chicago, IL, argued for defendant-appellee Bio-Engineered Supplements & Nutrition, Inc. With him on the brief was Joseph E. Cwik. Of counsel on the brief was Jonathan J. Krit, Amin Talati, LLC, of Chicago, IL.

Robert P. Latham, Jackson Walker L.L.P., of Dallas, TX, argued for defendant-appellee Medical Research Institute. With him on the brief was David T. Moran. Of counsel were Sara K. Borrelli and Alan B. Daughtry.

Opinion for the court filed by Circuit Judge LOURIE, in which Circuit Judges MAYER and PROST join. Concurring opinion filed by Circuit Judge MAYER.

LOURIE, Circuit Judge.

Iovate Health Sciences, Inc. ("Iovate") and the University of Florida Research Foundation, Inc. (the "Foundation") appeal from the summary judgment order of the United States District Court for the Eastern District of Texas holding claims 1, 2, 5, 7, 8, 9, and 18 of U.S. Patent 6,100,287 ("the '287 patent") invalid as anticipated under 35 U.S.C. § 102(b). Iovate Health Sciences, Inc. v. Bio-Engineered Supplements & Nutrition, Inc...

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