23 October, 2007 – A decision by a senior judge to cancel a hearing scheduled for tomorrow may delay the outcome of a patent infringement case between Kraft and Procter & Gamble by months.
Earlier this month, District Judge Phyllis Hamilton cancelled a hearing scheduled for October 24 in which a bid from Procter & Gamble to ban Kraft’s use of a 29-ounce container for its Maxwell House brand of coffee was due to be heard.
A senior director from Kraft has said the company is pleased with the decision and that it would continue manufacturing the disputed product while the legal process continues.
Procter & Gamble said while it was disappointed with the decision, the company remained confidant it would eventually win the case once it was heard.
Proceedings have been delayed while a review of patents is carried out.
Procter & Gamble claims use of the cup by Kraft infringes its patent on the Folgers plastic container which it brought to the market in 2003.
Kraft has said the ban could cost it US$250 million.
Kraft Senior Director of Corporate Affairs Renee Zahery said the company was “pleased” with the outcome the hearing and would “continue to defend this lawsuit vigorously”.
She continued: “Procter & Gamble has not provided any evidence to the court that remotely suggests it is entitled to the extraordinary relief of an injunction.
“We remain steadfast in our view that one company can not attempt to corner the market on plastic packaging -- even with a patent that purports to cover commonly used concepts.
“Kraft will continue rolling out Maxwell House 100% Arabica bean coffee as we work with the court to resolve this situation.
A Procter and Gamble spokesman said the company was disappointed in the court’s ruling that would delay the infringement action.
He added: “However, Procter & Gamble remains confidant we will prevail as Kraft’s appeals are exhausted and re-examined in the US Patent Office. P&G will continue to pursue legal options to defend our patent rights and protect our intellectual property.”