CLIO USA: Procter & Gamble Suffers a Legal Setback in its Questionable Patent
Claims involving Teeth Whiteners
ENGLEWOOD CLIFFS, N.J., July 3, 2014
ENGLEWOOD CLIFFS, N.J., July 3, 2014 /PRNewswire-USNewswire/ -- A U.S.
District Court judge has indefinitely delayed a trial involving Procter &
Gamble's claims that CLIO USA, Inc., a smaller rival in the teeth-whitening
market, had infringed on patents Procter & Gamble (P&G) has for whitening
The decision marks a significant setback for P&G in a case that has drawn
national attention and could reshape the $386.6 million teeth whitening
Judge Timothy S. Black of the U.S. District Court Southern District of Ohio
last week postponed the trial date, scheduled to open August 4. A decision
from a parallel case before the U.S. Patent Trial and Appeal Board (PTAB) for
an Inter Parties Review (IPR) in which CLIO is challenging the validity of
P&G's patents, is anticipated to be rendered in September. Earlier this year,
the PTAB ruled that there is a "reasonable likelihood" that CLIO would prevail
in its case before PTAB.
CLIO executives expressed support for the judge's decision and said they were
also confident in the strength of the case that the company has before the
"We have said all along that P&G's bullying tactics are not only bad for
business, but they are rooted in baseless claims," said Peter Cho, Vice
President of CLIO USA, an Englewood Cliffs, New Jersey-based company whose
whitening strips sell for as much as $20 less than P&G's Crest 3D White
"By attacking a small company like CLIO, which controls less than 3 percent of
the market, P&G opened up a Pandora's Box of outcomes, including the
invalidation of patents it claims to own," he continued. "While anticipated
all along, it is encouraging to see P&G's strategy boomerang.''
About CLIO USA: CLIO USA, based in Englewood Cliffs, N.J., was founded in 2009
with small entity and manufactures and supplies teeth whitening strips sold
under private labels, including Rite-Aid, CVS and K-Mart and Family Dollar.
SOURCE CLIO USA, Inc.
Contact: Ted Greener, firstname.lastname@example.org or (202) 572-6209
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