Quigley v. Gum Tech
This article was originally published in The Tan Sheet
Executive Summary
Gum Tech's motion to dismiss a patent infringement lawsuit brought by Cold-Eeze lozenges manufacturer Quigley denied by a Philadelphia federal judge March 9. The court, interpreting the '465 patent to extend to "any method of applying zinc gluconate to the lining of the mouth, tongue and throat," found disputed issues of material fact exist as to whether Gum Tech's Zicam homeopathic nasal spray infringes the patent. Quigley filed suit in November against Gum Tech and associated entities (1"The Tan Sheet" Nov. 22, 1999, p. 9). The Philadelphia court will hear arguments March 31 on Quigley's request to preliminarily enjoin the defendants from infringing its patent. In court filings, Quigley asserts it will suffer irreparable harm, in the form of lost sales and market share, if Zicam continues to be sold