Case Study

Problem: Our client was engaged in protracted litigation with a competitor over patents directed to ultra-high temperature pasteurization of liquid eggs. Although strong grounds existed for defending the client’s product and manufacturing process, the inherent uncertainty of litigation created risk to an expanding business.

Solution: Fitch Even worked closely with the client’s in-house team of legal, business, and technical representatives to execute a multifaceted strategy for defeating the legal threat with minimal risk to the business. A cross-functional team of litigators and attorneys experienced in post-grant proceedings challenged the four patents both in the lawsuit and in reexamination proceedings pursued in the U.S. Patent and Trademark Office (USPTO). Armed with insights about the scope of patent protection that might ultimately arise from the USPTO proceedings, we also counseled the client’s technical team regarding options for modifying the original process to further reduce the threat of infringement.

Result: The scope of the patents was narrowed by the USPTO. The client implemented the new process when the reexamined patents issued, with no loss in product quality or customer satisfaction. Fitch Even then defended the new process in a six-week jury trial, obtaining a verdict of non-infringement, which was affirmed by the Federal Circuit. An integrated strategy involving a range of legal and procedural options was successfully executed to resolve a complex IP dispute and eliminate a threat to the client’s pasteurized refrigerated liquid egg business