Food & Beverage Litigation & Regulatory Update

Tag: patent

  • OSU to Patent “Vegas Strip Steak”

    Oklahoma State University’s (OSU) Robert M. Kerr Food and Agriculture Products Center has reportedly signaled its intention to patent a new kind of steak after unveiling the product at the “Protein Innovation Summit” held April 16-17, 2012, in Chicago, Illinois. According to media sources, OSU researchers have dubbed the cut of beef a “Vegas Strip…

  • Texas Federal Court Refuses to Dismiss TOSTITOS SCOOPS!® Infringement Suit

    A federal court in Texas has determined that a trademark and patent infringement lawsuit involving Frito-Lay North America’s corn chip products can be maintained in the Eastern District of Texas because it has jurisdiction over the defendants and the defendants failed to show that it was “clearly more convenient” to litigate the matter in Arkansas.…

  • SCOTUS Requests Government View in Patent Dispute over GM Soybeans

    The U.S. Supreme Court has invited the U.S. solicitor general to submit a brief addressing the issues raised in a dispute over patent exhaustion and second-generation genetically modified (GM) seeds. Bowman v. Monsanto Co., No. 11-796 (U.S., order entered April 2, 2012). An Indiana farmer, who was found to have infringed Monsanto’s patents by planting…

  • Organic Farmers Fail to Show Controversy, Patent Invalidation Suit Against Monsanto Dismissed

    A federal court in New York has dismissed, for lack of jurisdiction, the claims filed by numerous organic farming interests seeking a declaration that they are not infringing Monsanto’s genetically modified (GM) seed patents, the patents are invalid and unenforceable and the company would not be entitled to remedies against them. Organic Seed Growers &…

  • Frito-Lay Claims Infringement of Tortilla Chips Design and Packaging

    Frito-Lay North America, Inc. has filed a trademark and patent infringement lawsuit in a Texas federal court against a company that purportedly makes a similar tortilla chip product and sells it in similar packaging. Frito-Lay N. Am., Inc. v. Medallion Foods, Inc., No. 12 00074 (E.D. Tex., filed February 10, 2012). At issue are Frito-Lay’s TOSTITOS…

  • Brandeis University Sues Cookie and Biscuit Makers for Patent Infringement

    Brandeis University has filed suit against a number of cookie and biscuit manufacturers, including Keebler Co., Famous Amos Chocolate Chip and The Pillsbury Co., alleging that they have infringed patents that adjust the LDL/HDL ratio in human serum by balancing saturated and polyunsaturated dietary fatty acids. Brandeis Univ. v. East Side Ovens, Inc., No. 11-619 (W.D.…

  • Farmers and Seed Companies Want Monsanto GE Seed Patents Declared Invalid

    A coalition of more than 50 trade organizations, seed businesses, farms, and farmers has filed a lawsuit in a federal court in New York, to stop Monsanto Co. from enforcing its genetically engineered (GE) seed patents against farmers whose fields become contaminated with the GE seeds. Organic Seed Growers & Trade Ass’n v. Monsanto Co., No.…

  • New Twist in False-Marking Lawsuits Nets $1.8 Million Judgment Against Tuna Company

    A federal court in California has reportedly fined King Tuna $1.8 million for marking its products with a patent number despite not following the patented process in preparing its fish. King Tuna v. Anova Food, Inc., No. 07-07451 (C.D. Cal., decided February 24, 2011). The patent apparently related to pre-cooling filtered wood smoke before applying…