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Campbell Soup Co. v. Gamon Plus, Inc.

United States Court of Appeals for the Federal Circuit

October 15, 2019, Decided

2018-2099

Opinion

 [*732]  Prost, Chief Judge.

Campbell Soup Company, Campbell Sales Company, and Trinity Manufacturing, L.L.C. (collectively, "Campbell") petitioned for inter partes review challenging the validity of claims 1-35 of U.S. Patent No. 8,827,111 ("the '111 patent") owned by Gamon Plus, Inc. ("Gamon"). The Patent Trial and Appeal Board ("Board") instituted review of claims 1-16, 27, 28, and 32-35. In its final written decision, the Board granted patent owner Gamon's request to cancel claims 1-16 but held that Campbell failed to establish that claims 27, 28, and 32-35 are un-patentable.

We affirm the Board's determination that claims 27, 28, and 32-35 are [**2]  not un-patentable over the instituted grounds. We remand, however, for the Board to consider whether non-instituted claims 17-26 and 29-31 are un-patentable and whether claims 27, 28, and 32-35 are un-patentable based on the non-instituted grounds.

Gamon's '111 patent relates generally to "dispenser racks and displays," and in particular, to "a compact, easy to assemble,  [*733]  easy to load and unload multiple chute dispenser with an integrated display." '111 patent col. 1 ll. 15-18. Claim 27, the only instituted independent claim that was not canceled by Gamon, recites:

27. A display rack comprising:

a plurality of generally cylindrical products all having substantially equal diameters and heights;

a pair of laterally spaced vertical panels;

first and second product support structures supported between said panels and defining respectively first and second chutes configured for the products to pass therethrough,

each chute having a respective forward-facing product loading opening in a generally vertically disposed forward side of the display rack and configured to receive the products loaded into the chutes through the forward side, and

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787 Fed. Appx. 731 *; 2019 U.S. App. LEXIS 30637 **; 2019 U.S.P.Q.2D (BNA) 392779

CAMPBELL SOUP COMPANY, CAMPBELL SALES COMPANY, TRINITY MANUFACTURING, LLC, Appellants v. GAMON PLUS, INC., Appellee

Notice: THIS DECISION WAS ISSUED AS UNPUBLISHED OR NONPRECEDENTIAL AND MAY NOT BE CITED AS PRECEDENT. PLEASE REFER TO FEDERAL RULES OF APPELLATE PROCEDURE RULE 32.1 GOVERNING THE CITATION TO UNPUBLISHED OPINIONS.

Prior History:  [**1] Appeal from the United States Patent and Trademark Office, Patent Trial and Appeal Board in No. IPR2017-00087.

Disposition: AFFIRMED AND REMANDED.

CORE TERMS

chute, grounds, dispensing, non-instituted, products, replaced, display, un-patentable, loading, rearward, teach, modification, instituted, rack, forwardmost, written decision, distance, opening, modify, vertically, Patent, argues, prior art, horizontal, extending, adjacent, resting, smaller

Patent Law, Nonobviousness, Jurisdiction & Review, Standards of Review, Business & Corporate Compliance, US Patent & Trademark Office Proceedings, Patent Law, US Patent & Trademark Office Proceedings, Civil Procedure, Appeals, Remands, Appeals