Gillette Co. v. S. C. Johnson & Son, Inc.
United States Court of Appeals for the Federal Circuit
919 F.2d 720, 16 U.S.P.Q.2d 19323 (1990)
- Written by Eric Miller, JD
Facts
S. C. Johnson & Son, Inc. (Johnson) (plaintiff) held a patent on a post-foaming shaving gel. Although the components of the gel were found separately in prior-art references, the Johnson gel was the first product to combine them. Johnson brought an infringement action against Gillette Company (defendant) in federal district court. The court found that the patent was valid and infringed, holding that the claimed combination was not clearly suggested by the prior art. Gillette appealed to the United States Court of Appeals for the Federal Circuit, contending that the district court had erred in applying a clear-suggestion test.
Rule of Law
Issue
Holding and Reasoning (Rich, J.)
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