Law.com Subscribers SAVE 30%

Call 855-808-4530 or email [email protected] to receive your discount on a new subscription.

The Intellectual Property StrategistFeaturesIntellectual PropertyLitigationPatent Litigation

Equity In Broad and Flexible Fashion

By Kelvin Han
April 01, 2021

A dispute between the two titans in the poultry processing equipment market led the U.S. Court of Appeals for the Federal Circuit to construe the term "protection of investments" in 35 U.S.C. §252. John Bean Techs. Corp. v. Morris & Assocs., Inc., No. 2020-1090, 2021 WL 641987 (Fed. Cir. Feb. 19, 2021). This section outlines the boundaries of the court's equitable powers to absolve liability from infringement for substantively altered patents. The court affirmed the summary judgment decision by the District Court for the Eastern District of Arkansas that granted equitable intervening rights to Morris & Associate Inc.'s (Morris) against John Bean Technologies Corporation's (John Bean) infringement claims based on its reissued patent. Rejecting John Bean's argument that "protection of investment" is limited to monetary investments made and recouped before the reissue certificate, the Federal Circuit determined that the lower court did not abuse its discretion by considering factors other than money invested before the reissue and granting Morris the defense of equitable intervening rights.

Two Poultry Chilling Equipment Manufacturing Giants

This case is about two bitter rivals. John Bean is an equipment manufacturer that makes poultry and seafood processing machines. At the core of the controversy is the auger-type poultry chiller, a formidable machine that processes poultry in large scale. John Bean's U.S. Patent No. 6,397,622 (the '622 patent) covers this particular invention. Morris is John Bean's only U.S. competition in the industrial poultry chiller market.

A demand letter in the summer of 2002 was the seed of this near-decade long battle — leading to two trips to the Federal Circuit. In that letter, Morris asserted that John Bean's '622 patent was invalid in view of prior art. John Bean did not respond. Morris thereafter developed poultry chillers that incorporate features of the '622 patent and has been selling them since, with success.

This premium content is locked for Entertainment Law & Finance subscribers only

  • Stay current on the latest information, rulings, regulations, and trends
  • Includes practical, must-have information on copyrights, royalties, AI, and more
  • Tap into expert guidance from top entertainment lawyers and experts

For enterprise-wide or corporate acess, please contact Customer Service at [email protected] or 877-256-2473

Read These Next
Overview of Regulatory Guidance Governing the Use of AI Systems In the Workplace Image

Businesses have long embraced the use of computer technology in the workplace as a means of improving efficiency and productivity of their operations. In recent years, businesses have incorporated artificial intelligence and other automated and algorithmic technologies into their computer systems. This article provides an overview of the federal regulatory guidance and the state and local rules in place so far and suggests ways in which employers may wish to address these developments with policies and practices to reduce legal risk.

Is Google Search Dead? How AI Is Reshaping Search and SEO Image

This two-part article dives into the massive shifts AI is bringing to Google Search and SEO and why traditional searches are no longer part of the solution for marketers. It’s not theoretical, it’s happening, and firms that adapt will come out ahead.

While Federal Legislation Flounders, State Privacy Laws for Children and Teens Gain Momentum Image

For decades, the Children’s Online Privacy Protection Act has been the only law to expressly address privacy for minors’ information other than student data. In the absence of more robust federal requirements, states are stepping in to regulate not only the processing of all minors’ data, but also online platforms used by teens and children.

Revolutionizing Workplace Design: A Perspective from Gray Reed Image

In an era where the workplace is constantly evolving, law firms face unique challenges and opportunities in facilities management, real estate, and design. Across the industry, firms are reevaluating their office spaces to adapt to hybrid work models, prioritize collaboration, and enhance employee experience. Trends such as flexible seating, technology-driven planning, and the creation of multifunctional spaces are shaping the future of law firm offices.

From DeepSeek to Distillation: Protecting IP In An AI World Image

Protection against unauthorized model distillation is an emerging issue within the longstanding theme of safeguarding intellectual property. This article examines the legal protections available under the current legal framework and explore why patents may serve as a crucial safeguard against unauthorized distillation.