Kroger Scores PTAB Review Of Low-Calorie Food Patent

Law360 (September 24, 2018, 5:42 PM EDT) -- The Patent Trial and Appeal Board has agreed to review a patent for foods containing low-calorie enzyme-resistant starch, finding that grocery store chain The Kroger Co. has shown that several claims in the patent are likely to be invalid as anticipated or obvious.

PTAB on Friday said it will institute inter partes review of Healthy Fiber LLC's patent, U.S. Patent No. 9,668,488 B2, finding that Kroger had sufficiently alleged that the '488 patent could be found invalid either by being anticipated or obvious based on prior art known as Yeo.

"[W]e are persuaded that the petition establishes a reasonable likelihood that...

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