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IOVATE HEALTH SCIENCES, INC. v. ALLMAX NUTRITION

Civil Action No. 07-12334-NMG.

639 F.Supp.2d 115 (2009)

IOVATE HEALTH SCIENCES, INC., Iovate T & P, Inc., MTOR U.S. Trademark Ltd., HHC U.S. Trademark Ltd., Leukic U.S. Trademark Ltd. and Multi Formulations Ltd., Plaintiffs, v. ALLMAX NUTRITION, INC., Healthy Body Services, LLC and Healthy Body Services, Inc., Defendant.

United States District Court, D. Massachusetts.

July 10, 2009.

Attorney(s) appearing for the Case

Matthew S. Barrett, Brian C. Barry, Eric J. Marandett, Paul D. Popeo, Meghan L. Rhatigan, Daniel C. Winston, Choate, Hall & Stewart, Boston, MA, for Plaintiffs.

MEMORANDUM & ORDER

GORTON, District Judge.

In this patent infringement action the Court held a Markman hearing on June 29, 2009, at which counsel offered arguments in support of their proposed claim constructions of disputed terms. The following is the Court's ruling with respect to those terms.

I. Background

The plaintiffs, Iovate Health Sciences, Inc., Iovate T & P, Inc., MTOR U.S. Trademark Ltd., Leukic...

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