Evansville, Indiana – Patent attorneys for Berry Plastics Corporation of Evansville, IN, initiated a lawsuit seeking a declaratory ruling that a patent held by Intertape Polymer Corporation of Bradenton, FL, is invalid and unenforceable due to inequitable conduct before the U.S. Patent Office. Namely, the complaint asserts that Patent No. 7,476,416, titled PROCESS FOR PREPARING ADHESIVE USING PLANETARY EXTRUDER, is invalid as, prior to their patent application date, two of the co-inventors saw a similar product displayed at a trade show and had it explained to them in detail, but never disclosed this prior public presentation to the Patent Office.
Triggering this litigation, “notice” correspondence from the defendant to the plaintiff requested the plaintiff take certain action to avoid infringement of the ‘416 patent and sought a tour of plaintiff’s plant to ensure no infringement was taking place. The plaintiff in its complaint states that it has taken “substantial steps” in anticipation of manufacturing adhesive tapes with a planetary roller extruder, including the purchase of the extruder.
Practice Tip: When threatened with a patent infringement suit, an alleged infringer may be “proactive” and seek a declaratory ruling on the alleged infringement in the court of its, rather than the patent holder’s, choice.Complaint – Berry v. Intertape
Further information about this case is as follows:
Filed: May 13, 2010 as 3:2010cv00076 Updated: May 13, 2010 15:49:20
Plaintiff: BERRY PLASTICS CORPORATION
Defendant: INTERTAPE POLYMER CORPORATION
Judge: Richard L. Young
Cause Of Action: Declaratory Judgement