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Intellectual Property Keyed to Merges
Juicy Whip, Inc. v. Orange Bang, Inc.
Facts
Juice Whip, Inc. (Plaintiff) has a patent for a post-mix beverage dispenser that is intended to look like a pre-mix beverage dispenser. A post-mix dispenser stores beverage syrup concentrate and water in separate locations until the beverage is ready to be dispensed. On the other hand, a pre-mix beverage dispenser pre-mixes the syrup concentrate and water and the beverage is stored in a display reservoir bowl until it is ready for dispensing. A pre-mix dispenser’s display bowl stimulates impulse buying. However, this process also creates the need to clean the bowl frequently due to bacteria building up. The patented dispenser therefore has the appearance of a pre-mix dispenser but functions as a post-mix dispenser, which decreases maintenance. Plaintiff sued Orange Bang, Inc. (Defendant) alleging it was infringing on the patent. The district court granted Defendant’s motion for summary judgment and held the patent invalid due to lack of utility.
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