Kraft Sues Kellogg and Keebler Alleging Packaging Patent Infringement

Kraft Foods Global Brands LLC has filed a complaint in an Illinois federal court against Kellogg and Keebler, claiming that the companies’ cookie packaging infringes resealable food container patents that Kraft owns. Kraft Foods Global Brands LLC v. Kellogg N. Am. Co., No. 13 321 (N.D. Ill., filed January 16, 2013). According to the complaint, the infringing products involve the defendants’ Keebler Sandies® line of products, including shortbread, pecan shortbread and dark chocolate almond cookies. Kraft alleges that it informed the defendants of the infringement during an August 2012 meeting, but despite that knowledge, “Defendants continue to commit acts of infringement.” Kraft seeks injunctive relief, destruction of infringing products, an accounting, damages, a determination that the case is “exceptional,” attorney’s fees, costs, and interest.