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Wrigley's Gum Coolant Combination Obvious and Anticipated
On June 22, the Federal Circuit issued its opinion in a patent infringement dispute between WM Wrigley Jr. Co. and Cadbury Adams USA LLC. The panel was composed of Judges Pauline Newman and William C. Bryson and, sitting by designation, District Judge Jeremy Fogel of the Northern District of California. The dispute concerned, among other things, Wrigley's patent on a chewing gum composition containing a combination of menthol and a cooling agent, WS-23.
Cadbury argued that Wrigley's patent was invalid for obviousness and anticipation. Cadbury's anticipation argument was supported by prior art that covered multiple oral compositions. The oral compositions listed in the prior art included details about cooling agents and combinations thereof. WM Wrigley Jr. Co., No. 2011-1140, slip op. at 8. The prior art identified WS-23 as one of three preferred cooling agents, and menthol as being one of the most suitable flavoring ingredients. Id. Although there were a number of categories and components in the prior art related to oral compositions, the prior art identified WS-23 and menthol as a combination of cooling and flavoring elements leading the court to conclude Wrigley's patent claim was anticipated. Id.
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