Fed. Circ. Affirms PTAB Nix Of Hot Pockets Sleeve Patent

Law360 (February 8, 2018, 9:48 PM EST) -- The Federal Circuit on Thursday upheld a Patent Trial and Appeal Board decision that invalidated as obvious a food packager’s patent covering cardboard sleeves that encase Hot Pockets and Lean Pockets freezer items.

In a per curiam decision, a three-judge panel affirmed a February 2017 ruling by the PTAB, which held that one of Graphic Packaging International Inc.’s patents covering its “improved” Hot Pockets sleeves was anticipated by other food packaging designs and that sales information wasn’t enough to substantiate the patent’s validity.

The PTAB ruling came in response to an inter partes review request by competitor Inline Packaging LLC, which...

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