Muscle Pharm Corporation (MSLPQ)

[euc]

My understanding from reading the other board is that this is a "use patent" where they cant patent the chemical itself, but how they are using it. Also someone went on to state that the "creatine nitrate" is not the sole ingredient therefore this lawsuit isnt what all its cracked up to be..

then they went to explain in an example.. how restaurants use different patented ingredients then label it as their meal and that doesnt get sued over... heres the link ...

couldnt link it but here is what was said..

T, I appreciate the clarification, and I'm not in a position to argue the point since I'm not a patent attorney or knowledgeable in supplement ingredients.

But I will make a few "off the top of my head" where hair readily falls, observations.

If the patent for creatine nitrate is use specific, does that infer that it can be used in other products? If I decided to market a steak sauce with that ingredient would that be legal, provided that the user doesn't do push ups after dinner?
Or if KFC made that the 12th herbs and spice ingredient, they wouldn't go after the Colonel?

Seriously, I could see patent infringement liability if MP solely cloned that companies product. Hands down.

However, the MP Creatine ingredients are labeled as a Creatine "Matrix". As such, the ingredient creatine nitrate is a part of the whole, not the entire product in itself. With that said, each ingredient collectively constitutes the MP Creatine product, not one sole ingredient.

To further my point, let's use a pizza joint. (Why I'm talking food?, I don't know, I must be hungry). They purchase patented cheese, patented pizza sauce, patented dough, and patented etc's from the grocery store. Then obviously sell their pizza to the general public as their own proprietary brand. Now, is that patent infringement even though they use all patented ingredients? No, it's the sum of the whole, rather than the value of the individual parts.

T, In any event it's in the hands of the legal system to validate or dismiss the claim. Just my two cents worth. If I'm wrong, I'm sure you'll let it be known as always. lol. I did appreciate the clarification and cordial response though.