Drink Co. Keeps It Short And Sweet At Hearing Over Tea IP

Law360 (August 11, 2020, 8:36 PM EDT) -- Alabama beverage company Red Diamond Inc. kept its arguments short Tuesday, telling the Patent Trial and Appeal Board during a post-grant review hearing that its papers challenging a rival's amended claims in a patent for making sweet tea "speak for themselves."

Red Diamond attorney James Robertson of JM Robertson LLP said the case was an easy one for the board because Southern Visions LLP had failed to respond to the board's preliminary guidance that the substitute claims it proposed contain new matter with no support in the patent's written description, and so the motion to amend should fail.

Robertson argued that...

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