Just one day after oral argument on February 7, 2018, the United States Court of Appeals for the Federal Circuit issued a Judgment in favor of Neustel’s client Inline Packaging involving Graphic Packaging’s appeal of the PTAB’s IPR Decision (IPR2015‐01609) finding all 53 claims of U.S. Patent No. 8,872,078 unpatentable. Chad Ziegler and Michael Neustel represented Inline Packaging on the appeal with Chad Ziegler presenting oral argument to the Federal Circuit.
U.S. Patent No. 8,872,078 is owned by Graphic Packaging International, Inc. and relates to technology used for microwave susceptor sleeves. Graphic Packaging had sued Inline Packaging for infringement of the ‘078 patent in U.S. Federal District Court over its alleged sale of microwave susceptor materials to Nestlé for use with certain HOT POCKETS® and/or LEAN CUISINE® branded food products. Neustel Law Offices represented the IPR Petitioner, Inline Packaging, LLC, a small microwave susceptor packaging business with approximately 50 employees in Princeton, Minnesota in the successful IPR campaign and defending the IPR decision on appeal to the Federal Circuit.
UPDATE: There is a good Law360 Article on the appeal decision on February 9, 2018.