gsk - novamin & obj, page-6

Hi cmk,

In my view the first sentence in the fifth paragraph of your article might be offering a possible clue...

"When NovaMin is exposed to water or saliva in the mouth, they will release calcium and phosphate ions..."

Could we imagine brushing our teeth without using any water? Probably not, however a considerable portion of our planets population don't have easy access, or a sufficient daily supply of this resource we take for granted. As highlighted in this UN-Water Global Analysis and Assessment of Sanitation and Drinking-Water 2012 Report "There are currently 2.5 billion people with no access to improved sanitation, of which nearly 800 million lack even the most basic supply of clean water. This 2012 UN-Water GLAAS provides further reason for vigilance — resources are neither targeted nor apparently sufficient to sustain routine operation and maintenance requirements."

Sustaining the world's water supply for future population growth will require a significant reduction in usage by all nations, which imo is what will continue to drive real product innovation, however that's my first point.

To substantiate further in regards to the possibility of GSK and OBJ's Collaborative Development agreement incorporating the development of a toothbrush which doesn't require water, US company "United Treatment Centers" developed their own version a couple of years ago which the company's President described as the, "revolutionary waterless toothbrush". It was exhibited for the first time at an Oral Healthcare convention in front of 57,000 dental health professionals and industry participants, and imo, that's where the company probably went wrong, especially with one of the trademark applications filed under the name, Aqua Zero

From United Treatment Centres 2010 Annual Report:

In April 2010, the Company, Frank Ottaviani the Company’s Chairman and CEO and Todd Spinelli the Company’s Vice President and Director were the subject of a complaint filed in the United States District Court, Eastern District of New York (Case No. Civ. No. 10-1819-RRM-RER) by Glaxosmithkline LLC. The company settled the trademark lawsuit case in February 2011 with GlaxoSmithKline at mutually acceptable terms. - United Treatment Centers Annual Report 2010

Would be interesting to know what those "mutually acceptable terms" were after seeing the claims filed by GSK...

Claims in the lawsuit include federal trademark infringement, federal unfair competition, false description, false designation of origin, federal dilution, state trademark dilution and injury to business reputation, unfair and deceptive trade practices, and common law unfair competition. Plaintiff requests relief in the form of extensive injunctive relief, destruction of all products, advertisements, and other materials using the infringing mark, payment of profits resulting from use of the infringing mark, actual damages, interest, exemplary and punitive damages, costs and reasonable attorneys’ fees, and such other relief the Court deems just and proper. - Dosier reference: 1425

USPTO: Request for Express Abandonment

I note the from the Annual Report, "The company is currently developing a patent pending oral heath care product. The Company recently applied and received a patent-pending status from the United States Patent and Trademark Office for a waterless toothbrush." however those comments appear to conflict somewhat with a statement made by the Defendant in court:

"My company does not intend to offer for sale and sell Waterless Toothbrushes or any other product of my company, advertising or promotional material thereof..."
Dated: June 29, 2010
Case 1:10-cv-01819-RRM -RER Document 23 Filed 07/12/10

Another company, this one from Japan, Shiken have developed a toothbrush which doesn't require the use of water or toothpaste, and is being marketed under the name, Soladey Eco or Soladey Ionic...

The Soladey ionic brush has a light-activated titanium dioxide rod (semiconductor) inside the handle. When exposed to any light source (a fluorescent bathroom light, a plain light bulb or sunlight), the photo-sensitive titanium rod inside the Soladey ionic brush converts light into negatively-charged ions (electrons). The rod releases these ions, which blend with saliva to attract positive (hydrogen) ions from the acid in the dental plaque on your teeth.

To my understanding this product is not new and the last of the four main patents protecting it expired in 2005, including all of the following international patents covered under the title of Dental hygienic device:

JAPAN: 1371225
US: 4526570
GERMANY: 3307203
UK: 2135193
CANADA: 1285110
KOREA: 38853
SPAIN: 286073
AUSTRALIA: 553312
TAIWAN: 54387

This USPTO patent 7927914 issued in April 2011 is related to the "manufacturing method for a semiconductor photoelectrochemical cell" and appears to be the only patent remaining assigned to, Shiken for protection of the Soladey Eco toothbrush product featured here.