Granting ThermoLife's Re-Exam Request, The US Patent Office Rejects and Cancels All VPX and Jack Owac, BANG and "Super Creatine" Patent Claims
PHOENIX, Oct. 3, 2018
PHOENIX, Oct. 3, 2018 /PRNewswire/ -- On April 7, 2017, ThermoLife filed its request for the United States Patent Office to re-examine the patentability of Jack Owac's "Super Creatine" patent: U.S. Patent No. 8,445,466. As a result of ThermoLife's request, the USPTO has now rejected and cancelled ALL of Jack Owac's patent claims to his so-called "Super Creatine."
Despite multiple replies, an in person interview, and a request for reconsideration by VPX, the USPTO has agreed with ThermoLife and maintained the cancellation of ALL of Jack Owac's "Super Creatine" patent claims.
The rejections of Owac's claims are predominantly based on the Russian '645 Patent, which is the same as US Patent 8,350,077 ("the '077 Patent") exclusively licensed and controlled by ThermoLife. During the re-exam process the USPTO has stated on multiple occasions that the compounds in the Owac patent are identical to the compounds in the '645 patent and the ThermoLife controlled '077 patent. In other words, the owner of Jack Owac's so-called "Super Creatine" compound is ThermoLife, not VPX.
Validating ThermoLife's claims from the start, the USPTO has rejected all of VPX's claims and arguments to date. Now forced to go to appeal, VPX has no chance of establishing the patentability of its "Super Creatine" in the USA. Having filed the original re-exam that led to the rejection and cancelation of Owac's patent claims, ThermoLife has reviewed VPX's arguments in their appeal brief and determined there is no realistic chance of VPX's patent surviving.
When reached for comment ThermoLife's founder Ron Kramer stated – "As the USPTO has confirmed, the compounds Jack Owac claims to have patented were NOT invented by Jack Owac at all, the 'Super Creatine' compounds were invented by our Russian partners, and now that we sent the USPTO proof, the USPTO agrees with us that Owac is NOT the inventor and they are going to strip Jack Owac of these patent claims. Furthermore, the statements made by the USPTO in this process make clear the validity of our patent infringement claims against ALL BANG drinks ever made, damages that can easily run into the tens of millions of dollars against VPX and other resellers of BANG products."
About ThermoLife International:
Founded in 1998, ThermoLife is a world leader in patented ingredients and technology for use in dietary supplements. ThermoLife controls a global patent portfolio of 27 patents spanning more than 15 countries including more than 450 valid and issued claims on the use of nitrates in dietary supplements. ThermoLife collaborates with leading manufacturers in the dietary supplement industry to provide innovative ingredients to help offer superior patent-protected products to end users.
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SOURCE ThermoLife International, LLC