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Keywords

patentdeclaratory judgment

precedentappealtrialpatent

Related Cases

Gillette Co. v. S.C. Johnson & Son, Inc., 919 F.2d 720, 16 U.S.P.Q.2d 1923

Facts

S.C. Johnson & Son, the assignee of a patent for a postfoaming shaving gel, brought a patent infringement action against Gillette, which in turn filed a declaratory judgment action claiming the patent was invalid and unenforceable. The actions were consolidated in the U.S. District Court for the District of Massachusetts. The court found that the patent was not invalid for obviousness and that Gillette had infringed the patent. The patent in question was for a stable, post-foaming gel composition that had been commercially successful since its introduction.

Johnson's tests demonstrated that Monson's product was, in fact, superior or produced results superior to any of Bluard's formulations. There was no evidence offered at trial which would support a contrary conclusion.

Issue

Whether the district court erred in its application of 35 USC 103 to the facts of this case.

Rule

The claims of Monson are entitled to a presumption of validity and Gillette faces the burden of showing, by clear and convincing evidence, their invalidity. American Hoist & Derrick Co. v. Sowa & Sons, Inc., 725 F.2d 1350, 1359, 220 USPQ 763, 770 (Fed.Cir.), cert. denied, 469 U.S. 821, 105 S.Ct. 95, 83 L.Ed.2d 41 (1984).

Analysis

The court analyzed the prior art and determined that while individual components of the shaving gel were known, the specific combination and its properties were not suggested by the prior art. The court emphasized that the invention must be viewed as a whole, and the lack of suggestion in the prior art for a post-foaming gel composition supported the conclusion of nonobviousness. The commercial success of the product further reinforced this finding.

The only district court conclusion on appeal here is the determination of nonobviousness. Our precedent holds that the question of obviousness is one of law, freely reviewable by this court. See Newell Cos. v. Kenney Mfg. Co., 864 F.2d 757, 762, 9 USPQ2d 1417, 1421 (Fed.Cir.1988) ('the trial court's conclusion on obviousness is subject to full and independent review by this court.').

Conclusion

The court affirmed the district court's judgment that Gillette failed to prove the patent's claims were obvious under 35 USC 103.

The district court's judgment that Gillette failed to meet its burden of proving by clear and convincing evidence that the subject matter of the appealed claims would have been obvious under 35 USC 103 is affirmed.

Who won?

S.C. Johnson & Son prevailed in the case, as the court upheld the validity of their patent and found that Gillette had infringed upon it. The court's thorough analysis demonstrated that the claims of the patent were not obvious in light of the prior art, and the commercial success of Johnson's product further supported the nonobviousness of the invention. The court's ruling emphasized the importance of viewing the invention as a whole rather than focusing on individual components.

S.C. Johnson & Son prevailed in this case as the court found that Gillette had failed to prove the patent's claims were invalid for obviousness, thus affirming the validity of the patent and recognizing the commercial success of Johnson's product.

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