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Chicago IP Litigation Tracking Northern District of Illinois IP Cases

Summary Judgment Arguments Not Made Originally Not Reclaimable

Posted in Legal News

Wm. Wrigley Jr. Company v. Cadbury Adams USA LLC, Case No. 04 C 346, Slip Op. (N.D. Ill. Mar. 30, 2010) (Dow, Jr.).

Judge Dow denied plaintiff Wrigley’s motion for reconsideration of the Court’s opinion granting defendant Cadbury summary judgment of invalidity based upon anticipation and obviousness in this patent case regarding menthol-enhanced chewing gum. Because Wrigley originally only opposed the anticipation arguments by claiming the prior art was not enabling, the Court refused to consider any arguments unrelated to enablement. And the fact that the Court did not specifically address each of the seven undue experimentation factors in denying Wrigley’s argument against invalidity was irrelevant. The Court was not required to consider every factor. And Wrigley did not specifically tie any of its original arguments to the factors. Finally, Wrigley never provided "meaningful evidence" showing the amount of experimentation that would have been required. The Court did not address Wrigley’s arguments regarding obviousness because they sough to "re-hash rejected arguments."