Patent Infringement Books

Tuesday, October 25, 2011

Gerber denies claims in Mead Johnson patent-infringement lawsuit

By: Susan Orr
Source: http://www.courierpress.com


EVANSVILLE — Gerber Products has filed legal papers formally disputing points made in a patent-infringement lawsuit filed by competitor Mead Johnson Nutrition.

In August, Mead Johnson filed suit against Gerber in U.S. District Court in Evansville.

In the suit, Mead Johnson said that plastic packaging for Gerber’s Good Start infant formula was too similar to the packaging for Mead Johnson’s Enfamil infant formula.

Both packages include a wide-mouth lid and a measuring scoop. Gerber introduced its packaging earlier this year.

On Monday, Gerber filed its legal answer to Mead Johnson’s complaint.

In its response, Gerber denies that it has infringed on Mead Johnson’s patent.

Gerber also asserts that one or more claims of Mead Johnson’s patent are invalid.

In simple terms, Gerber’s legal filing says to Mead Johnson, “we are not infringing on your patent, and there’s problems with your patent,” said James Johnson, an Evansville attorney who is part of Gerber’s legal defense team.

Johnson declined to discuss further details of the case.

Attorney Brian Williams, who is representing Mead Johnson, also declined to comment on the pending litigation.

In its original filing, Mead Johnson asked for a “reasonable royalty” on the remaining EasyScoop containers, and it also asked for damages and for money to cover attorneys’ fees.

In its response, Gerber asks the court to dismiss the complaint against it, and to declare that Mead Johnson will recover nothing from Gerber.

Mead Johnson’s corporate offices are in the Chicago suburb of Glenview, Ill. Its global operations center and North American headquarters are in Evansville.

Source: http://www.courierpress.com/news/2011/oct/24/gerber-denies-claims-mead-johnson-patent-lawsuit/

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