Tag: patent
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Sugarfina, Sweet Pete’s Settle IP Dispute
Sugarfina and Sweet Pete’s have reached an agreement to settle allegations that Sweet Pete’s infringed Sugarfina’s trademarks, copyrights, patent and trade dress by copying the “museum-quality Lucite” used to package its candies. Sugarfina Inc. v. Sweet Pete’s, No. 17-4456 (C.D. Cal., settlement notice filed March 5, 2019). Under the agreement, Sweet Pete’s will pay $2…
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Federal Circuit Vacates PTAB’s Fruit Dehydration Patent Rejection
The U.S. Court of Appeals for the Federal Circuit has vacated the Patent Trial and Appeal Board’s (PTAB’s) rejection of a patent application for a fruit dehydration apparatus. In re Durance, No. 2017-1486 (Fed. Cir., entered June 1, 2018). The inventors applied for a patent for a microwave dehydration container containing a rotating chamber to…
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University Sues Professor’s Company for Fruit Cultivar Patent Infringement
Washington State University (WSU) has filed a lawsuit alleging Phytelligence Inc., a WSU horticulture professor’s company, sold an apple cultivar to a third party, breaching a propagation contract and infringing the university’s patent. Wash. State Univ. v. Phytelligence Inc., No. 18-0361 (W.D. Wash., filed March 8, 2018). WSU allegedly agreed to allow Phytelligence, which aims…
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Sugarfina Alleges Sweitzer Infringed Candy IP
Candy company Sugarfina has filed a lawsuit alleging that Sweitzer LLC copied its “innovative, distinctive, and elegant product and packaging” as well as its “types of candy” and “protectable names.” Sugarfina, Inc. v. Sweitzer LLC, No. 17-7950 (C.D. Cal., filed October 31, 2017). Sugarfina asserts that it has approximately 140 lines of candy, presented in…
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UC Davis and Professors Settle Strawberry Patent Dispute
After a jury unanimously found in May 2017 that two former University of California, Davis professors willfully infringed the university’s patents on a strawberry breed they developed in the school’s program, both sides have agreed on a settlement that will dispose of all other claims against each other. Regents of Univ. of Cal. v. Cal.…
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Candy Maker Alleges Competitor Infringed Trademarks, Patents
Sugarfina, maker of “luxury boutique” candies, has filed a trademark, copyright, patent and trade dress infringement suit against Sweet Pete’s alleging the competitor relied “heavily on several design elements of Sugarfina’s distinctive packaging and marketing” of Cuba Libre®, Peach Bellini®, Fruttini, Candy Cube, Candy Concierge and Candy Bento Box® products. Sugarfina v. Sweet Pete’s, No.…
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Lollipop IP Lawsuit Survives Motion to Dismiss
A New York federal court has denied a motion to dismiss a patent infringement and trade dress suit filed by candy maker The Topps Co. alleging that a competitor copied its Juicy Drop lollipop. The Topps Co. v. Koko’s Confectionery & Novelty, Inc., No. 16-5954 (S.D.N.Y., order entered June 7, 2017). Topps alleged that Koko’s…
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Jury Finds for UC Davis in Strawberry IP Infringement
A California jury found that retired University of California, Davis, professors willfully infringed the university’s patents on strawberries they developed in the school’s program. Regents of Univ. of Cal. v. Cal. Berry Cultivars, No. 16-2477 (N.D. Cal., verdict filed May 24, 2017). The professors formed a private strawberry-breeding company, California Berry Cultivars, after retiring from…