MIAMI—The U.S. District Court, Southern Florida, issued a final judgment in favor of Starmark Laboratories in its patent infringement case against Creative Compounds LLC. According to the judgment issued by the court, Creative is hereby enjoined from manufacturing, marketing, selling and importing dicreatine malate, any products containing dicreatine malate or any other product that infringes upon Starmark’s U.S. patent (#7,109,373). The judgment also requires Creative to pay a $112,500 penalty plus judgment interest.
This follows a similar judgment earlier this year against Creative Compounds for infringement of trademarks owned by Sabinsa Corp. That case that went to the Supreme Court, which refused to hear appeal on a lower court’s decision that Creative’s Forsthin created market confusion with Sabinsa’s ForsLean®—both products are based on Coleus forskohlii. The lower court had deemed ForsLean “commercially strong” and said the law, thus favors Sabinsa in this case.
