Fed. Circ. Won't Flip Hershey Creamery Mixer IP Loss

Law360 (July 21, 2021, 5:08 PM EDT) -- Hershey Creamery and Hamilton Beach Brands have lost their bid for the Federal Circuit to undo losses in a mixing machine patent fight with milkshake company f'Real Foods.

In a short Wednesday order, a three-judge appellate panel denied Hamilton Beach and Hershey's appeals, which were launched after a federal jury in Delaware ordered the pair to cough up millions of dollars to f'Real Foods over infringing patents related to an automated self-serve milkshake gadget. The panel gave no reasoning behind its decision.

In the appeal, Hersey and Hamilton Beach had argued that "overly broad claim constructions" led to the verdict against...

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