Sideman & Bancroft Scores Victory for f’real Foods Against Patent Challenge

December 2016

Sideman & Bancroft is pleased to announce that the firm has successfully defended f’real foods Inc. against a patent challenge filed by Hamilton Beach Brands, Inc. and its partner Hershey Creamery Company. This victory is the culmination of a two-year dispute over f’real’s self-cleaning blender inventions.

The Emeryville, CA-based subsidiary of Rich Products Corporation, f’real foods LLC designs and markets blended beverages prepared in one minute, reliant on a patented in-store blending system. The company initially filed a patent enforcement action in the U.S. District Court for the District of Delaware against Hamilton Beach in October 2014, alleging infringement upon f’real’s self-cleaning blender inventions (U.S. Patent No. 7,520,658).

In response, Hamilton Beach filed an inter partes review proceeding for the U.S. Patent and Trademark Office to re-evaluate f’real’s patent. Sideman & Bancroft’s Guy Chambers, representing f’real, convinced the USPTO to reject Hamilton Beach’s request, ultimately proving patent infringement by the accuser.

“This ruling is significant in reaffirming the validity of f’real’s patent and protecting a unique invention vital to the company,” said Chambers, who represented f’real Foods throughout the dispute. “We are pleased the USPTO agreed with f’real’s interpretation of its patent and protected the company’s invention.”

With this victory, f’real continues their effort to halt Hamilton Beach’s infringement by seeking issuance of a permanent injunction and an order to recall all Hamilton Beach blenders copying f’real’s patented technology.

Chambers represented f’real Foods along with Schwegman Lundberg & Woessner’s Timothy Bianchi.

The case is Hamilton Beach Brands Inc., v. f’real Foods, LLC, case number IPR2016-01105, before the United States Patent and Trademark Office.