With rising food prices, changing environmental conditions, and shifting consumer demands, bringing food to the table in an efficient and cost-effective manner involves more innovation than ever before. Evolving consumer expectations in nutrition, flavor, and convenience also require changes in retail options. Fitch Even helps clients protect their Intellectual Property (IP) assets in all aspects of the food life cycle, including:
- agricultural equipment
- agrochemicals
- new plant varieties
- food processing equipment and processes
- food compositions
- packaging materials
- marketing
- waste management
We work closely with clients to execute the agreements and complex IP transactions necessary to drive the rapid pace of innovation for these technologies. Well-versed in all types of agreements, we also have the technical expertise to be a trusted resource to draft and negotiate agreements in time-sensitive transactions.
Technical Expertise That Augments Legal Acumen
Representation of clients in this space requires us to be conversant with a wide range of technologies, including:
- microbiology
- botany
- chemistry
- mechanical engineering
- computer science
- electronics
- artificial intelligence
The breadth of our firm’s legal and technical expertise and the depth of our bench enable us to provide unequaled support to food and agriculture clients who need to develop and protect innovations and brands while navigating through minefields of competitors’ intellectual property.
Navigating the Global IP Landscape
We work with IP attorneys and agents throughout the world to help our clients understand the nuances of varying IP laws and regulations affecting their international business objectives. Fitch Even’s work with global leaders in food and agriculture includes a century-long relationship with one of the world’s largest food and beverage producers.
Case Studies
Client: An international producer and marketer of food, agricultural, financial, and industrial products and services
Problem: Our client secured a coveted position as a supplier of a key ingredient for McDonald’s breakfast menu. In an effort to replace our client, a competitor sued for infringement of a group of patents. The patents had been successfully asserted in prior litigation against other major players in the industry. The stakes involved and the patent owner’s prior success made a trial unavoidable. A win by the patent owner threatened substantial harm to our client’s business.
Solution: A careful assessment of the patents uncovered subtle but important flaws in the patents that had been previously overlooked. We also conducted extensive investigations that led to new, highly material prior art. Reexamination proceedings were initiated in the USPTO in parallel with litigation, and the patent owner was forced to narrow the patent claims. Our trial team then leveraged its extensive patent jury trial capability and in-depth understanding of the three key technologies involved: microbiology, heat transfer, and aseptic packaging. This enabled us to succeed where others had failed.
Result: The trial resulted in a jury verdict and judgment that our client did not infringe, a result that was affirmed on appeal. Our client’s business was cleared of liability and its sales were never interrupted.
