Federal Circuit Rules That Muscle Magazine Ad Invalidates Patent
The U.S. Court of Appeals for the Federal Circuit recently upheld a lower court's ruling that a muscle magazine advertisement about a bodybuilding supplement rendered the underlying patent obvious and invalid. Bob Latham, a partner at Dallas-based Jackson Walker who represented defendant Medical Research Institute, said the advertisement disclosed all of the claim limitations of the patent in question and enabled a person skilled in the technology to make and use the invention. "Since this particular patent related to muscle performance and recovery, it should not be so odd that invalidating prior art could be found in a muscle magazine," Latham said.


