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Split Fed. Circ. OKs Nix Of Kraft Cookie Package Patent

Law360, New York (September 7, 2017, 6:45 PM EDT) -- A divided Federal Circuit panel on Thursday affirmed the invalidation of a resealable cookie container patent that Kraft accused Kellogg of infringing, saying Kraft’s evidence of commercial success and industry praise could not overcome Kellogg’s strong case that the patent is obvious.

In a 2-1 decision, Judge Richard Taranto wrote for the majority that an Illinois federal judge correctly found in 2015 that Kraft Foods Global Brands LLC’s claimed invention of a package that can be resealed to keep the cookies inside fresh is an obvious...
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Case Information

Case Title

Intercontinental Great Brands v. Kellogg North America Company

Case Number



Appellate - Federal Circuit

Nature of Suit

830 Patent Infringement (Fed. Question)

Date Filed

September 29, 2015

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