Juicy Whip update
Patently Obvious reports on the latest appeal in the case of Orange Bang, Inc. v. Juicy Whip, Inc. This appeal deals with damages resulting from infringement.
As you probably remember, the original case dealt with whether a patent is invalid for lack of utility because it was designed to deceive customers by imitating another product. The drink dispenser at issue looked like it was mixing the drink in a reservoir above the counter. In fact, it was pumping it from below.
In the end, the patent was upheld. Additionally, the owner will recoup lost profits resulting from lost sales of the syrup associated with the device.
It’s funny, but I still get a little bothered whenever I look at the drawing above. I’m certain I have been “tricked” by one of these machines.
You may be interested in reading the following related posts:
- Pre-Appeal Brief Conference
- Adwords in France – Well, no kidding
- the definition of ‘pro se’ is fairly broad
- Just a bunch of jibberjabber?
- SHAREPRICE/ECONOMIC EFFECT OF PATENT SUIT
Posted by Douglas Sorocco, September 7, 2004 at 10:58 am
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