Dried Up and Obvious: Süd-Chemie’s Desiccant Patent Invalid

Posted on | March 21, 2008 | No Comments

2008-1247 Süd-Chemie v. Multisorb Tech
WD/KY 3:03cv-29-S

Süd-Chemie appeals from Judge Charles Simpson III’s grant of summary judgment to defendant Multisorb, finding Süd-Chemie’s 5,793,942 patent invalid as obvious.

The ’942 patent is directed to a film material for desiccant containers (think those little packets inside, e.g., shoe boxes).  After claim construction the court, applying KSR, concluded that it would have been obvious to one of ordinary skill in the art to combine the oxygen absorbant packaging taught in the prior art with desiccant’s.

The dispute turned on the level of one or ordinary skill, and the court opined that Süd-Chemie tried to define it two different ways (a general packaging expert versus one with particular expertise in the modified atmospheric packaging art), with the court accepting the more specialized definition (to which Multisorb also agreed).

Süd-Chemie also tried to argue that the prior art reference taught away from the ’942, and that the results from the ’942 were unexpected.  The court found these arguments unsupported.

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