Searching over 5,500,000 cases.


searching
Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.

Campbell Soup Co. v. Gamon Plus, Inc.

United States Court of Appeals, Federal Circuit

September 26, 2019

CAMPBELL SOUP COMPANY, CAMPBELL SALES COMPANY, TRINITY MANUFACTURING, LLC, Appellants
v.
GAMON PLUS, INC., Appellee

          Appeals from the United States Patent and Trademark Office, Patent Trial and Appeal Board in Nos. IPR2017-00091, IPR2017-00094.

          Tracy Zurzolo Quinn, Holland & Knight LLP, Philadelphia, PA, argued for all appellants. Appellants Campbell Soup Company, Campbell Sales Company also represented by Steven E. Jedlinski, Chicago, IL.

          Martin B. Pavane, Cozen O'Connor, New York, NY, for appellant Trinity Manufacturing, LLC. Also represented by Darren Scott Mogil.

          Andrew L. Tiajoloff, Tiajoloff & Kelly LLP, New York, NY, argued for appellee.

          Before Prost, Chief Judge, Newman and Moore, Circuit Judges.

          OPINION

          Moore, Circuit Judge

         Campbell Soup Company, Campbell Sales Company, and Trinity Manufacturing, LLC ("Appellants") appeal the final written decisions of the Patent Trial and Appeal Board holding Appellants did not demonstrate that the claimed designs of U.S. Patent Nos. D612, 646 and D621, 645 would have been obvious over U.S. Patent No. D405, 622 ("Linz") and G.B. Patent Application No. 2, 303, 624 ("Samways"). Because substantial evidence does not support the Board's finding that Linz is not a proper primary reference, and substantial evidence supports the Board's finding that Samways is not a proper primary reference, we affirm-in-part, vacate-in-part, and remand.

         Background

         Gamon Plus, Inc. owns the '646 and '645 patents, which each claim: "The ornamental design for a gravity feed dispenser display, as shown and described." The sole figure of the '646 patent is depicted below.

         (Image Omitted)

         J.A. 133. The Board described the claimed design as follows:

[T]he single embodiment of the patent design illustrates and claims certain front portions of a gravity feed dispenser display. From top to bottom, a generally rectangular surface area, identified by the parties as an access door or label area, is curved convexly forward. . . . The label area is taller vertically than it is wide horizontally, however, the boundary edges of the label area are not claimed. Below the label area there is a gap between the label area and the top of a cylindrical object lying on its side - the gap being approximately the same height as the label area. The width of the label area is generally about the same as the height of the cylindrical object lying on its side. The height of the cylindrical object (lying on its side) is longer than its diameter. The cylindrical article is positioned partially forward of the label area. Two rectangular lugs, or stops, are positioned in front of the cylindrical object on each bottom side and stand vertically. The rectangular lugs are taller vertically than they are wide horizontally and they stand vertically adjacent the cylindrical object about halfway up the diameter of the cylindrical object.

J.A. 67 (internal citations omitted). The only figure of the '645 patent is identical, except the edges at the top and bottom of the cylindrical object lying on its side and the stops at the bottom of the dispenser are shown in broken lines. Additionally, the figure of the '645 patent includes a small circle shown in broken lines near the middle of the label area.

         Appellants petitioned for inter partes review, and the Board instituted on the grounds that the sole claim in each of the '646 and '645 patents would have been obvious over (1) Linz in view of Samways, (2) Samways, or (3) Samways in view of Linz. Linz discloses a "display rack" as shown in the figure below. J.A. 696.

         (Image Omitted)

J.A. 697.

         Samways discloses a dispenser with "a serpentine delivery path . . . along which cylindrical objects to be dispensed can move under the action of gravity." J.A. 701. An example of Samways' dispenser is shown in the figure below.

         (Image ...


Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.