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Mama Cares v. Nutriset United States District Court for the District of Columbia
Friday, June 18, 2010 8:00 - 9:00 a.m. Washington, D.C.
When You Think
INTELECTUAL PROPERTY,
Think Fulbright.
TM
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Mama Cares v. Nutriset United States District Court for the - - PowerPoint PPT Presentation
Mama Cares v. Nutriset United States District Court for the - - PowerPoint PPT Presentation
Mama Cares v. Nutriset United States District Court for the District of Columbia Friday, June 18, 2010 8:00 - 9:00 a.m. Washington, D.C. When You Think INTELECTUAL PROPERTY, Think Fulbright. TM IMPORTANCE OF CASE 2 IMPORTANCE OF CASE
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IMPORTANCE OF CASE
- “…stubbornly high food prices in many
countries have pushed some 100 million more people than last year into chronic hunger and poverty." Jacques Diouf, director-general FAO
- “Global food production will need to
double just to meet demand,” Hilary Benn, UK environmental secretary
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CASE SUMMARY
- Plaintiffs are Mama Cares and Breedlove –
US non-profits dedicated to humanitarian food relief.
- Defendants are Nutriset and IRD – a
French for-profit and French government R&D lab.
- Fulbright is handling the case pro bono.
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CASE SUMMARY
- Declaratory Judgment (DJ) Action
– Seeking Court determination of non- infringement
- Osmolality
– Alternative determination of patent invalidity
- Inadequate patent disclosure
- Prior art
– False Marking
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CASE STATUS
- Case filed 18 December 2009
– Declaratory Judgment Action for non- infringement and patent invalidity
- Assigned to Judge Emmet G. Sullivan
- Summons and Complaint served 02 March
2010
- Defendants moved to dismiss on May 26
- Plaintiffs opposed motion on June 14
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DEFENDANTS’ MOTION
- Procedural challenge to Plaintiffs’
Complaint – seek to dismiss the entire action
– No DJ controversy means no subject matter jurisdiction – No personal jurisdiction over the False Marking claim – Complaint is inadequate
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PLAINTIFFS’ RESPONSE – DJ
- Defendants’ conduct evidences an intent to
enforce its patent.
– Nutriset has a published policy of no licenses in the developed world beyond the license to its joint venture partner Edesia.
- Website
- Response to Medecins Sans Frontieres
– Nutriset has published threats from its counsel of an intent to enforce its IP. – Enforcement action in Kenya
- Plaintiffs have product ready to make and ship.
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PLAINTIFFS’ RESPONSE – FALSE MARKING
- District of Columbia Court has jurisdiction
- ver foreign owners of U.S. patents.
- Defendants have not challenged personal
jurisdiction in the DJ action.
- Personal jurisdiction for one claim creates
personal jurisdiction for all claims.
- False Marking arises out of rights under
Defendants’ U.S. Patent.
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CASE SCHEDULE
- Pleadings – 12/2009 to 07/2010
- Discovery – 08/2010 to
- Expert Reports – 08/2011 to 11/2011
- Pre-Trial Preparation – 12/2011 to 04/2012
- Trial – 04/2012
- Appeal – 06/2012 to 06/2013
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PRIOR ART
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PRIOR ART
- Peanut spread patented in 1965 may meet
limitations of U.S. patent.
- At least one natural and/or reduced-fat
peanut butter appears to meet osmolality limitation of U.S. patent.
- Other complete foods or nutritional
supplements containing peanuts have been around for over 100 years.
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When You Think
Intellectual Property,
Think Fulbright.
TM
Robert M. Chiaviello, Jr. Kirby B. Drake Fulbright & Jaworski L.L.P. 2200 Ross Ave., Ste. 2800 Dallas, TX 75201 T: 214.855.8000 F: 214.855.8200 Robert M. Chiaviello, Jr. Fulbright & Jaworski L.L.P. 666 Fifth Avenue New York, NY 10103-3198 D: 212.318.3289 T: 212.318.3000 F: 212.318.3400