5 November 2007 –Procter & Gamble and Kraft have filed fresh lawsuits in their continuing legal fight over allegations of patent infringements of plastic coffee cups.
As FLEXNEWS reported last week, Kraft Foods went on the offensive when it filed a patent infringement lawsuit against P&G and its plastic Folgers coffee container on October 26 in the District Court of the Western District of Wisconsin.
However, just days later, P&G filed a retaliatory suit with a counter-claim that Kraft has committed a second infringement of its coffee cup patent.
The latest legal exchanges follow the one launched by P&G on August 27 in the US District Court in San Francisco alleging Kraft’s Maxwell House coffee cup has infringed the patent of its Folgers product.
A case due to be heard on October 24 was, at Kraft’s request, adjourned to allow examination of the patents.
Commenting on the latest legal actions a P&G spokesman told FLEXNEWS: “We were surprised that on October 26, 2007, Kraft decided to sue P&G for patent infringement after a recent product change to Folgers large-size plastic canisters.
“Folgers plastic canister with the new design delivers a meaningful consumer benefit, but clearly does not use any of Kraft’s technology. The new design on Folgers canister started shipping in September ’07, and the product change will be completed in January ’08.
“P&G delights consumers with innovative, new-to-the-world products like Folgers plastic canister, and we respect the intellectual property of our competition. We expect competitors to respect P&G’s intellectual property. For this reason, we continue to take proactive steps to enforce our patent rights against infringement.
“On October 31, 2007, P&G filed its answer to Kraft’s October 26 lawsuit. P&G’s filing includes counter-claims of infringement by Kraft of a second P&G patent related to coffee canisters. P&G believes the second lawsuit is necessary due to Kraft’s delaying tactics in our August 27, 2007 patent infringement suit, effectively permitting Kraft to continue infringing for several years.
“P&G pioneered the use of plastic canisters in the coffee category. Our patented technology came after many years of development and millions of dollars of research. Despite the negative comments by Kraft and others at the time of introduction, consumers have proven the appeal of plastic containers by rewarding Folgers with significant business growth in the U.S. coffee market.
“We believe Kraft’s attempts to slow Folgers business success by utilizing P&G’s intellectual property will be stopped as P&G continues to vigorously pursue both lawsuits.”
Kraft’s Renee Zahery, Senior Director of Corporate Affairs, said: “We constantly monitor the extent to which others, including competitors, are engaging in conduct that violates our patents. We enforce our rights where necessary and appropriate.
“We believe P&G is infringing our patent for a Vented Can Overcap with their Folgers plastic canister. Kraft is asking the court to grant it relief from this past and continuing infringement by seeking a permanent injunction against P&G's continued sales of its Folgers plastic coffee container.
“The patent in question U.S. Patent No. 7,074,443 directed to a Vented Can Overcap. The patent was granted on July 11, 2006.