INT'L GREAT BRANDS v. KELLOGG NORTH AMERICA CO.

2015-2082 2015-2084.

869 F.3d 1336 (2017)

INTERCONTINENTAL GREAT BRANDS LLC, Plaintiff-Appellant, v. KELLOGG NORTH AMERICA COMPANY, Kellogg USA, INC., Keebler Company, Keebler Foods Company, Kellogg Sales Company, Defendants-Cross-Appellants.

United States Court of Appeals, Federal Circuit.

Decided: September 7, 2017.


Attorney(s) appearing for the Case

Katie Crosby Lehmann , Ciresi Conlin LLP, Minneapolis, MN, argued for Plaintiff-Appellant. Also represented by Michael V. Ciresi .

Richard Daniel Harris , Greenberg Traurig LLP, Chicago, IL, argued for Defendants-Cross-Appellants. Also represented by Matthew J. Levinstein , James J. Lukas, Jr.

Jacob Daniel Koering , Attorney, Miller, Canfield , Paddock, & Stone, PLC, Chicago, IL, for Plaintiff-Appellant.

Before Prost, Chief Judge, Reyna and Taranto, Circuit Judges.


Opinion dissenting in part filed by Circuit Judge Reyna.

Kraft Foods Global Brands LLC (now called Intercontinental Great Brands) owns U.S. Patent No. 6,918,532, which issued in 2005 and was supplemented with additional claims on reexamination in 2011. The '532 patent describes and claims a food package that, after...

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