Q-Pharma, Inc. v. The Andrew Jergens Company
March 8, 2004
Federal Circuit

Q-Pharma owns U.S. Patent 4,654,373, which is directed to a method for therapeutically treating damaged tissue by topically administering a composition containing Coenzyme Q10 (“CoQ10”). Jergens’ allegedly infringing product is “Curél® Age Defying Therapeutic Moisturizing Lotion with Coenzyme Q10.” Jergens appealed from the decision of the United States District Court for the Western District of Washington denying its motion for Rule 11 sanctions against Q-Pharma, Inc. Jergens also appealed from the district court’s decision denying attorney fees under 35 U.S.C. § 285 and granting summary judgment to Q-Pharma on Jergens’ antitrust counterclaim.

Federal Circuit affirmed the District Court.

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