THERMOLIFE INTERNATIONAL LLC v. GNC CORPORATION

2018-1657, 2018-1666.

922 F.3d 1347 (2019)

THERMOLIFE INTERNATIONAL LLC, Board of Trustees of The Leland Stanford Junior University, Plaintiffs-Appellants v. GNC CORPORATION, General Nutrition Centers, Inc., General Nutrition Corporation, Defendants. Hi-Tech Pharmaceuticals, Inc., Vital Pharmaceuticals, Inc, Defendants-Appellees.

United States Court of Appeals, Federal Circuit.

Decided: May 1, 2019.


Attorney(s) appearing for the Case

Robert J. Gajarsa , Latham & Watkins LLP, Washington, DC, argued for plaintiff-appellant ThermoLife International LLC. Also represented by Gabriel Bell ; Gregory Blain Collins , Eric Hull , Cara Molly Louise Rogers , Kercsmar & Feltus PLLC, Scottsdale, AZ.

William P. Atkins , Pillsbury Winthrop Shaw Pittman LLP, McLean, VA, argued for plaintiff-appellant Board of Trustees of the Leland Stanford Junior University. Also represented by Benjamin Lee Kiersz .

Robert F. Parsley , Miller & Martin PLLC, Chattanooga, TN, argued for defendant-appellee Hi-Tech Pharmaceuticals, Inc. Also represented by David M. Barnes .

Francis DiGiovanni , Drinker Biddle & Reath LLP, Wilmington, DE, argued for defendant-appellee Vital Pharmaceuticals, Inc. Also represented by Michael Curt Lambert , Thatcher Rahmeier ; Marc Kesten , Vital Pharmaceuticals, Inc., Parkland, FL.

Before Taranto, Bryson, and Stoll, Circuit Judges.


ThermoLife International, LLC exclusively licensed four patents from the Board of Trustees of the Leland Stanford Junior University. It filed infringement suits, asserting selected claims of four patents, against numerous defendants, including Hi-Tech Pharmaceuticals, Inc. and Vital Pharmaceuticals. Inc. After Stanford became...

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