Muscle Pharm Corporation (MSLPQ)

[codie]

Look guys, this patent infringement lawsuit is a very big deal. You need to read a little closer what it says. The $75,000 has nothing to do with the actual damages they are seeking. It's simply a minimum arbitrary number for filing purposes.

"By reason of MusclePharm?s acts complained of herein, ThermoLife has suffered monetary damages in an amount that has not yet been determined, but upon information and belief, is substantially in excess of the sum or value of $75,000, exclusive of interest and costs."

Substantially in excess of the sum or value of $75,000!

Lawsuits like this never spell out the exact amount. They have a right to ALL gross procedes from the sale of the infringing product. Then comes the treble damages.

"Due to the intentional nature of MusclePharm?s acts, this is an exceptional case in which ThermoLife is entitled to treble damages, attorneys? fees and costs pursuant to 35 U.S.C. §§ 284 and 285."

"Pursuant to 35 U.S.C. § 284, ThermoLife is entitled to: an accounting by MusclePharm of funds comprising all revenues received through the commercial exploitation of MusclePharm “Creatine”; the imposition of a constructive trust for the benefit of ThermoLife for all such funds in the custody or control of MusclePharm; and to such other damages to which ThermoLife may be determined to be entitled."

This lawsuit will be extremely expensive to defend and very costly to settle. Add this to the ongoing trademark infringement lawsuit and we are talking major UNNECESSARY legal expenses and potential liability into the millions.