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

By Adam Lidgett (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...

Stay ahead of the curve

In the legal profession, information is the key to success. You have to know what’s happening with clients, competitors, practice areas, and industries. Law360 provides the intelligence you need to remain an expert and beat the competition.

  • Access to case data within articles (numbers, filings, courts, nature of suit, and more.)
  • Access to attached documents such as briefs, petitions, complaints, decisions, motions, etc.
  • Create custom alerts for specific article and case topics and so much more!


Hello! I'm Law360's automated support bot.

How can I help you today?

For example, you can type:
  • I forgot my password
  • I took a free trial but didn't get a verification email
  • How do I sign up for a newsletter?
Ask a question!