Certain Beverage Dispensing Systems (ITC): Represented Heineken against its rival Anheuser-Busch InBev in a Section 337 patent investigation. Heineken accused AB InBev of infringing Heineken’s patent related to a drink dispenser for carbonated beverages. After a five-day trial, the ITC ALJ found that AB InBev’s NOVA system infringed Heineken’s patent, that Heineken’s patent was not invalid or unenforceable, and that Heineken had proven a domestic industry through its licensee Hopsy. On March 11, 2020, the Commission issued a limited exclusion and cease-and-desist orders, affirming the ALJ’s September ruling that AB InBev violated Section 337 of the Tariff Act. The win was featured in the following articles: Law360, Anheuser-Busch Facing Import Ban For Infringing Heineken IP (Oct. 7, 2019); World IP Review, USITC Judge Recommends Ban on Stella Artois Draught System (Oct. 8, 2019); and Law360, Heineken Gets ITC to Ban Anheuser-Busch Dispenser Imports (Mar. 12, 2020).
iFIT Inc. against Peloton Interactive, Inc. (ITC, D. Del.) in several cases involving offensive and defensive patent infringement claims related to connected fitness, on-demand leaderboard and remote control technology. The cases, which also included unfair competition and false advertising claims, were resolved by confidential settlement, as reported in Law360, Peloton, NordicTrack Maker Settle Fitness Tech Patent Spats (May 16, 2022).
Welbilt Corp. against f’real Foods, LLC (D. Del., S.D.F.L) in its defense of a multipatent infringement action related to Welbilt’s innovative beverage platform and next-generation blend-in-cup technology. Part of trial team that successfully moved to intervene in a related Southern District of Florida action where f’real sued Welbilt’s business partner, Fresh Blends North America, for alleged infringement of the same patents; also successfully moved to stay the duplicative Delaware action. Following a Markman hearing in the South Florida action, the case settled.
Frymaster, LLC, et al. against Sherwood Sensing Solutions (W.D. La.; USPTO): Represented Frymaster, a Welbilt company, in litigation brought by Sherwood Sensing Solutions, alleging patent infringement by Frymaster’s innovative FilterQuick® and Low Oil Volume (LOV) fryer technology. Frymaster challenged all claims of the asserted patent in an inter partes review (IPR) proceedings before the Patent Trial and Appeal Board (PTAB), and obtained a stay of the Western District of Louisiana action. Based on the strength of the original IPR petition, Sherwood explicitly disclaimed the granted patent claims during oral argument at the PTAB. In 2021, the PTAB issued its Final Written Decision (IPR2020-00752) granting Sherwood’s motion to amend the claims but nevertheless determining that none of the proposed amended claims overcame the asserted prior art, as featured in Law360, Frymaster, Henny Penny Score PTAB Win On Fryer Patent (Aug. 24, 2021).
