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Brown & Williamson Tobacco Corp. v. Phillip Morris, Inc.

Cigarette manufacturer's patent for slim cigarette was invalid for obviousness where prior art, as available to typical, highly-skilled cigarette designer, taught viability of smaller-circumference cigarette of essentially same size and characteristics.

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The full case caption appears at the end of this opinion.

Brown & Williamson Tobacco Corp. (“B&W”) and Philip Morris Inc. (“PM”) seek review of a judgment entered April 1, 1999 by the United States District Courtfor the Western District of Kentucky. See Brown & Williamson Tobacco Corp. v. Philip Morris Inc., No. 3:89CV-0470-S (W.D. Ky. Apr. 1, 1999) (judgment);Brown & Williamson Tobacco Corp. v. Philip Morris Inc., No. 3:89CV-0470-S (W.D. Ky. Apr. 1, 1999) (findings of fact and conclusions of law) (“B&WOpinion”). B&W appeals the district court’s holding that claims 1, 4, and 11 of U.S. Reissue Patent No. 32,615 (the “Luke patent” or “’615 patent”) were invalid for obviousness over the prior art. [FOOTNOTE 1] PM cross-appeals the district court’s holdings that: (1) claims 1, 4, and 11 of the Luke patent were infringed[FOOTNOTE 2] by the Virginia SlimsSuperSlims (“VSSS”) cigarette manufactured by PM; (2) PM’s infringement was willful up until receipt of oral opinions in March and May of 1989; and (3) claims 1,4, and 11 of the Luke patent were not invalid due to an alleged public use. Because the district court did not err in finding claims 1, 4, and 11 obvious over the priorart, we affirm the district court’s decision that claims 1, 4, and 11 are invalid. Because that decision moots the remaining issues, we do not address the district court’sother invalidity decision or its decisions regarding infringement and willfulness.

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