Experience

Food and Beverage

About

Food and Beverage is part of our work in Chemical, Industrial, and Materials, Consumer Goods and Services, and Hospitality, Gaming, and Leisure.

Nourishing the world through innovation

Food and drink play an important role in everyday life, both in its necessity for survival and the cultural significance placed on food and eating. It is no surprise that food and beverage companies invest substantial resources creating new products and unique ways to package and market them. Companies must protect these investments by obtaining and protecting the underlying intellectual property rights that result from their innovation. Finnegan works with both startup and established companies making advancements in manufacturing, formulation development, processing, and packaging.

Understanding the law, science, and technology

Finnegan has a long history of helping food and beverage companies protect their products and their brands across the IP spectrum–utility and design patents, trademarks, trade secrets, trade dress, and copyright. The depth of our legal and technical knowledge and our understanding of our clients’ businesses and market positions enable us to identify opportunities, anticipate problems, and provide practical solutions.

We help with:

Litigating high-value products in district and appellate courts and government agencies
Protecting against infringement through litigation or other dispute resolution options
Developing and executing patent prosecution strategies
Writing opinions and providing ongoing counseling for new and evolving products
Developing licensing programs to include franchising
Conducting due diligence investigations
Developing portfolio management strategies
Providing trademark protection and counseling
Obtaining European/UK Certification/collective marks
Identifying protected geographical indication and protected designation of origin marks
Obtaining registered design protection

Contacts

Everyone in this industry

Experience

Obtained affirmance from the Federal Circuit of a Finnegan trial victory before the Trademark Trial and Appeal Board (TTAB) in cancellation proceeding over FUSION mark for energy drinks.

19-1132, Fed. Cir., Judges Prost, Moore, Wallach
Opposition No. 92059437, TTAB, Judge McCormack

Represented defendant and counterclaim plaintiff Novembal USA in a design patent litigation involving bottle closures; resolved through confidential settlement following filing of Rule 12 motion on behalf of Novembal.

1:19-cv-03944, S.D. Ind., Judge Magnus-Stinson

Representing defendants in action involving patent infringement, trade secrets, and tort claims relating to pre-harvest technology used with produce.

1:16-cv-00662, D. Del., Judges Fallon, Robinson, Bataillon, Noreika

Represented Nestlé USA in three appeals from inter partes review (IPR) decisions by the Patent Trial and Appeal Board (PTAB). In two cases, the Federal Circuit vacated the PTAB decisions upholding the patentability of the challenged claims and remanded the cases. In the third case, the Federal Circuit affirmed the PTAB’s finding that the challenged claims were unpatentable.

16-1750, Fed. Cir., Judges Hughes, Mayer, Reyna
17-1193, Fed. Cir., Judges Dyk, Hughes, Reyna
17-1290, Fed. Cir., Judges Dyk, Hughes, Reyna

Representing Nestle in defense of district court litigation alleging patent infringement of five patents related to aseptic packaging. The case is ongoing.

1:13-cv-00892, W.D.N.Y., Judges McCarthy, Skretny, Wolford

Represented Teavana Corporation, a subsidiary of Starbucks, in an infringement litigation adverse to The Veda Company, LLC relative to that company’s use and efforts to register the mark TEAVEDA. The matter was ultimately resolved with the abandonment of the TEAVEDA application, cessation of infringing product sales, and The Veda Company’s agreement not to use or register the TEAVEDA mark or any other marks confusingly similar to TEAVANA.

1:16-cv-02434, E.D.N.Y., Judge Brodie

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