Summary: Dr. Perricone holds patent claims for preventing sunburn and patent claims for treating sunburn, both by the method of applying ascorbyl fatty acid ester, which is a fat soluble form of Vitamin C, to the skin. Prior art disclosed the use of ascorbyl fatty acid ester in a cosmetic topical skin treatment. The C.A.F.C. found the preventing sunburn claims anticipated by the prior art because the preventing sunburn was an inherent property of the prior art. However, the C.A.F.C also found the preventing sunburn claims valid because the prior art did not disclose or suggest application to skin sunburn. The dissent argues that the prior art renders both patents anticipated because Dr. Perricone merely identified a new inherient property of the prior art. See also, MP3: Perricone v. Medicis Pharmaceutical (Fed. Cir. 2005) (citations omitted) PDF: Perricone v. Medicis Pharmaceutical (Fed. Cir. 2005) (full text) Patently-O: Rader and Bryson spar over anticipation of method of use claims IP Law Observer: Patent Claims for New Use of Existing Product in Treating Sunburn Were Valid Patent Prospector: Sunburned Patent Baristas: Federal Circuit Finds Distinction Between Topical Application For Treating v. Avoiding Sunburn
