J.R. Simplot Alleges McCain Foods Infringes Patent for Sidewinders® Twisted Fries
J.R. Simplot Co. has filed a patent infringement suit against McCain
Foods USA, Inc. alleging McCain copied Simplot’s twisted potato fries
product, Sidewinders®. J.R. Simplot Co. v. McCain Foods USA, Inc., No.
16-0449 (D. Idaho, filed October 7, 2016). Simplot asserts that its patent,
“Spiral Potato Piece,” covers the ornamental features of Sidewinders®,
including its “inherently distinctive and nonfunctional” shape, and that
side-by-side comparisons indicate “McCain copied Simplot’s patented
Sidewinders® design in developing its Twisted Potato products.”
Simplot alleges patent and trade dress infringement and seeks damages,
an injunction and attorney’s fees.