COURT MEMORANDUM. ATTENTION ALL SCHMEXPERTS!
pucker_uppppppp SAID:
"You aren't suppose to snort it. if you follow the directions IT STAYS IN THE BOTTOM PART OF THE NOSE. I've never had a problem w/ it. the most that may come out of this lawsuit will be an addition of a warning to the package about snorting it up your nose."
SO MUCH FOR THE DIRECTIONS, PUCKER. HEY, ALL YOU OTHER SCHMEXPERTS OUT THERE. WHEN USED AS DIRECTED, I THOUGHT YOU SAID THIS NEVER HAPPENS!
READ COURT MEMORANDUM BELOW AND WEEEEEEEEP. DON'T SNIFF TOO HARRD.
HO HO HO HE HE HE HA HA HA!
BECAREFUL WHO YOU SLAPP
Quigley Corp. v. GumTech, Inc. Patent Infringement March, 2000
MEMORANDUM
"On this evidence, and although it is a close case, we find that Quigley has demonstrated a likelihood of success in proving infringement. It would seem clear from Dr. Goldberg's testimony that when Zicam is used as directed, at least some of the product reaches the throat."
"Dr. Goldberg testified that he had performed an experiment in which a healthy twenty-nine year old male had used Zicam according to the directions on the package and Dr. Goldberg then observed the subject's nose and throat. Immediately after use, Dr. Goldberg could see the Zicam in the subject's nose, and as time passed the subject reported feeling it in the back of his nose. At eleven minutes after use, the subject could still feel the Zicam in the back of his nose and Dr. Goldberg was able to see some Zicam, which has a white-like color, on the back of the palate at the uvula and at the very back of the mouth. At twelve minutes after use, Zicam was visible on the oropharynx -- that is, in the throat."
"For the defense, Dr. Riley offered his opinion that Zicam is designed and intended to remain in the nose, for it is in the nasal cavity that the main antiviral effect is accomplished. He noted that the lining of the nasopharynx, located behind the nasal cavity and above the throat, is physically distinct from the lining of the throat and is most susceptible to the rhinovirus; thus Zicam is made to attack the rhinovirus in the area where it is most likely to infect a human. He also testified that while Zicam’s gel base may travel past the nose and down the throat, the zinc is given up in the nose. |
