AmiCOUR IP Group News and Opinions

Welcome to the AmiCOUR IP Blog.  We invite your comments.  Past Issues.

November 4, 2010 - USA Today recently reported the legal struggles of an independent inventor who claims he invented and disclosed his new idea for the Dip & Squeeze ketchup package to Heinz, who then launched new product packaging based on his technology.  Although a Heinz spokesman told reporters Heinz believes the lawsuit is meritless, plaintiff David Wawrzynski stated that he met at company offices with Heinz managers in 2008 who asked him for samples of his invention to use in a focus group. He claims the company launched its new ketchup packaging after backing out of the deal.  AmiCOUR's research team located a1977 issued patent by Wawrzynski, number 5,676,990, titled Method of food article dipping and wiping in a condiment container.

November 3, 2010 - After a second bite at the apple, including a chance to plead facts in support of its claim that false patent marking appeared intentional, Judge Klausner dismissed Shizzle Pop, LLC v. Aviva Sports, Inc. et al. with prejudice for failure to state a claim.  Initially, many of the allegations in the complaint contained the commonly used wording "upon information and belief" and the plaintiff was then invited to add more specificity.  After the second round, the Judge dismissed and stated that the complaint “contains no information supporting the belief that Defendants were acting with an intent to deceive. Further factual detail is needed to survive a motion to dismiss under Rule 9(b).”  The AmiCOUR IP Blog has been following false patent marking cases this year.  An upcoming LES Viewpoints article co-authored by AmiCOUR's CEO will address the plaintiff's burden to prove intent as one of very few remaining defenses which may hold back the tidal wave of cases.