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Andrew Jergens lawsuit

This article was originally published in The Rose Sheet

Executive Summary

U.S. Court of Appeals for the Federal Circuit affirms November 2002 Washington state district court decision denying attorney fees and dismissing antitrust counterclaim against Q-Pharma in patent infringement case. Q-Pharma filed suit against Jergens in 2001, claiming firm's Curel Age Defying Therapeutic Moisturizing Lotion with Coenzyme Q10 infringed '373 patent covering use of "therapeutically effective amount of" ingredient CoQ10 in admixture. Jergens counterclaimed for judgments of noninfringement, invalidity and unenforceability of the patent. Q-Pharma withdrew its suit after discovering Curel lotion contained only 0.00005% CoQ10 by weight, and the court subsequently dismissed all claims related to the suit except Jergens' antitrust counterclaim...

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