Brown & Williamson Tobacco Corp. v. Philip Morris Inc.
(Patent Inf. US Dist. Ct. W. KY)This patent infringement suit was brought by Brown & Williamson Tobacco Corp. against Philip Morris. The plaintiff claimed patent infringement. The plaintiff alleged that after it had marketed Capri under a patent for a small circumference cigarette the defendant introduced a similar cigarette, Virginia Slims Super Slims.
The case was heard in the United States District Court for the Western District of Kentucky, Louisville Division (No. C-89-0470-L-B). The trial court held that the features of Capri were too obvious to patent. The appeals court affirmed the judgment.