United States Patent Office Institutes Trial in IPR2019-01141; Appeal to Federal Circuit of ITC Decision to be Filed Imminently.
PLEASANT HILL, Calif.,-New U Life— the purveyor of innovative, high-quality wellness products announced that its challenge to the monopolistic patent cartel led by Axcess Global Sciences and Pruvit Ventures moved forward on two fronts this week.
First, the Patent Trial and Appeal Board (PTAB) of the U.S. Patent Office agreed to institute a trial to determine the validity of United States patent number 6,613,356 titled, “Weight Loss Medication and Method” in anInter Partes Review (IPR2019-01141). The PTAB only institutes a trial if it believes that at least one claim of the patent in question is likely to be invalid; in their decision, the PTAB said 7 of the claims—including all of the independent claims—are likely to be invalid given the prior art cited by New U Life in its petition for IPR.
Second, New U Life filed a Petition for Review at the United States Court of Appeal for the Federal Circuit, asking the court to review the International Trade Commission’s split decision not to institute an investigation into New U Life’s antitrust Complaint against AGS, Pruvit, and four related entities. The Commission decided, with one critical dissent, that New U Life had to satisfy the “antitrust injury” requirement to show standing to request the investigation. In this decision, as in a previous un-appealed decision against US Steel (in 2018), the Commission concluded that the requirements present in antitrust cases in district court also applied to the Commission’s investigation decisions. In both cases, one Commissioner dissented and argued that antitrust injury was an improper requirement.
New U Life is appealing to the Federal Circuit to request that the court determine whether or not antitrust injury is required at the ITC. This is an issue that has never been decided by the Federal Circuit, or any other court.
Brian Galvin, ITC Representative for New U Life and lead in the IPR, said, “The PTAB decision to institute a trial of the validity of the BHB patent shows that we have been right along—the ‘356 Patent should never have been issued. We look forward to proving this at trial and thereby eliminating one of the more egregious patents being used by AGS, Pruvit, and others to monopolize the BHB market. Furthermore, we are confident the Federal Circuit will rule that ITC investigations, because of the unique statutory mandate to the Commission, do not require antitrust standing; such a ruling will provide a much-needed avenue for the many illegal patent cartels being pursued in the nutraceuticals industry to be brought to account—and an avenue which New U Life is determined to force open for the improvement of the industry as a whole.”
KetoGen4 is a first-of-its-kind drink mix which was designed with the intention of being the most complete ketone supplement on the market. KetoGen4’s exclusive 4-BHB salt combo will provide an optimal state of ketosis with its immediate source of exogenous ketones, vital vitamins, and nutrients. Ketosis is a metabolic process in which the body stores burned fat rather than glucose, resulting in fat loss. Ketosis can also aid in curbing hunger and maintaining muscle.”New U Life vigorously defends our right to compete fairly in the BHB market and is pleased with the institution decision of the PTAB, which will help us to level the playing field against a group of companies that are trying to own the market for themselves. We also intend to vigorously pursue our appeal to the Federal Circuit so we can continue to challenge the monopolistic practices of Pruvit, AGS, and the others at the ITC. Most importantly, we will continue to stay focused on changing lives and setting the standard for innovative and quality products,” said Alexy Goldstein, New U Life Founder and Formulator.
KetoGen4 made its debut at New U Life’s first-ever regional event which took place from May 3 to 4, 2019 in Dallas, TX. Over 2,000 distributors attended the event giving them the opportunity to receive product education to begin marketing KetoGen4.About New U LifeNew U Life was founded to set a new standard in product innovation and quality while changing lives for the better. New U Life’s marquee product, SOMADERM®Gel, is a transdermal gel that safely and noninvasively elevates growth hormone levels. For additional information about SOMADERM® Gel, visitwww.newulife.com. To learn more about New U Life, visitwww.newulife.com.
SOURCE New U Life_________________________________
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