October 16, 2019 / 12:30 PM / a month ago

Fed Circuit serves up mixed win in second helping of soup-display patent fight

A federal appeals court on Tuesday affirmed a ruling for a display-rack manufacturer in a patent dispute with the Campbell Soup Company, but sent the case back to the U.S. Patent Trial and Appeal Board with instructions to consider additional challenges that Campbell’s has raised against the patent.

The U.S. Court of Appeals for the Federal Circuit said that Campbell’s was entitled to a full review of the patent under the Supreme Court’s 2018 ruling in SAS Institute v. Iancu, and rejected patent-holder Gamon Plus Inc’s argument the New Jersey-based soup company had waived its rights under SAS by waiting too long to raise them.

To read the full story on Westlaw Practitioner Insights, click here: bit.ly/32luB00

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