Crest Got Greedy With Whitestrips, And Here's What Happened

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Could Crest Whitestrips technology go generic? A tooth-whitening drama is playing out in court, with Procter & Gamble Co defending its patent protections on Crest Whitestrips, a product that earns the company a whopping $250 million in annual revenue. WCPO Cincinnati reported that Clio USA, a manufacturing company behind store-branded whitening strips for chains like CVS, Rite Aid, and Target, has recently made headway after being sued by P&G for patent infringement in 2012. In January, the Patent Trial and Appeal Board issued a ruling that said there is "a reasonable likelihood that Clio will prevail" on three of its claims, and today, according to Clio, a U.S. District Court judge has delayed a trial.

This could be big news for Crest Whitestrips, which commands 67 percent market share, according to WCPO. Previously, P&G defended its Crest Whitestrips patents against competitors like Johnson & Johnson and Be Well Marketing. Clio Vice President Peter Cho said in a press release: "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."
· Procter & Gamble Co. may lose patent protection on Crest Whitestrips [WCPO]
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