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WM. WRIGLEY JR. CO. v. CADBURY ADAMS USA LLC

Nos. 2011-1140, 2011-1150.

683 F.3d 1356 (2012)

WM. WRIGLEY JR. CO., Plaintiff-Appellant, v. CADBURY ADAMS USA LLC, Defendant-Cross Appellant.

United States Court of Appeals, Federal Circuit.

June 22, 2012.

Attorney(s) appearing for the Case

Paul H. Berghoff , McDonnell Boehnen Hulbert & Berghoff, LLP, of Chicago, Illinois, argued for plaintiff-appellant. With him on the brief was James V. Suggs . Also on the brief was Patricia K. Schmidt , K & L Gates LLP, of Chicago, Illinois. Of counsel were Alan L. Barry and Jason A. Engel .

James M. Bollinger , Troutman Sanders LLP, of New York, New York, argued for defendant-cross appellant. With him on the brief were Laura E. Krawczyk and Suraj K. Balusu. Of counsel were Timothy P. Heaton and Douglas D. Salyers .

Opinion for the court filed by Circuit Judge BRYSON. Concurring in part and dissenting in part opinion filed by Circuit Judge NEWMAN.

BRYSON, Circuit Judge.

Wm. Wrigley Jr. Co. and Cadbury Adams USA LLC compete in the consumer market for chewing gum. This case involves chewing gum that provides a cooling sensation when chewed. Historically, chewing gum makers have achieved that cooling sensation (known as "physiological cooling") by adding menthol to their products. Menthol, however, has disadvantages, including a strong peppermint flavor and bitterness in high concentrations. During the 1970s and...

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