Scott White, an employee of the Chicago Housing Authority, sued Heinz Ketchup in

Question

Scott White, an employee of the Chicago Housing Authority, sued Heinz Ketchup in 2012, alleging that their "Dip & Squeeze" condiment package infringed on a patent he had obtained for his 2005 "Condi Cup, " a flexible package for condiments designed to fit in a car's cup holder. White's design allowed users to peel back a portion of the lid to squeeze out the condiment or the entire lid to allow dipping. White claims that Heinz stole his idea after he pitched it to the company in 2006. in fighting the patent infringement lawsuit, Heinz argued that White's packaging was not new, compared to previously known packaging innovations, and that the U.S. Patent and Trademark Office (PTO) ought to re-examine the claims made in White's patent. in 2014, the PTO cancelled White's patent and he appealed to the U.S. Court of Appeals for the Federal Circuit. You are a judge on that court. How would you rule? Should White's patent be allowed? Why or why not? Explain your reasoning fully.

Explanation / Answer

Yes, White' patent should be allowed. Reasons for which White' patent was filed before Heinz' infringemnt must be examined. There must be have been good amount of groundwork done before White was awarded a patent. Until the "previously known packaging innovations" have benn found to be right, White patent should not be cancelled. Until Heinz' allegation have been proved right, Heinz should not be allowed to use the packaging

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