Iovate Health Sciences, Inc. v. Bio-Engineered Supplements & Nutrition, Inc., (2009)

United States Court of Appeals for the Federal Circuit

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Iovate Health Sciences, Inc. v. Bio-Engineered Supplements & Nutrition, Inc., (2009)

United States Court of Appeals for the Federal Circuit 2009-1018

IOVATE HEALTH SCIENCES, INC.

and UNIVERSITY OF FLORIDA RESEARCH FOUNDATION, INC.,

Plaintiffs-Appellants,

v.

BIO-ENGINEERED SUPPLEMENTS & NUTRITION, INC. (doing business as BSN, Inc.),

Defendant-Appellee, and

MEDICAL RESEARCH INSTITUTE,

Defendant-Appellee.

Charles A. Weiss, Kenyon & Kenyon LLP, of New York, New York, argued for plaintiffs-appellants. With him on the brief were Elizabeth A. Gardner and Cynthia Lambert Hardman.

Philip D. Segrest, Jr., Husch Blackwell Sanders Welsh & Katz, of Chicago, Illinois, argued for defendant-appellee Bio-Engineered Supplements & Nutrition, Inc. With him on the brief was Joseph E. Cwik. Of counsel on the brief was Jonathan J. Krit, Amin Talati, LLC, of Chicago, Illinois.

Robert P. Latham, Jackson Walker L.L.P., of Dallas, Texas, argued for defendant-appellee Medical Research Institute. With him on the brief was David T. Moran. Of counsel were Sara K. Borrelli and Alan B. Daughtry.

Appealed from: United States District Court for the Eastern Di...

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