Patent Marking Complaint Filed Against Kraft Foods

A Missouri resident has filed a complaint in federal court against Kraft Foods Inc., alleging that it has been marking its Kool-Aid® and Country Time Lemonade® drink mix packages with the U.S. patent numbers for container patents that expired in April 2008. Brown v. Kraft Foods Inc., No. 10-1007 (E.D. Mo., filed June 1, 2010).

Claiming that the marking violates 35 U.S.C. § 292, the plaintiff seeks injunctive relief, “a civil monetary fine of $500 per false marking offense,” costs, attorney’s fees, and interest.

This litigation is one of a recent crop of false marking lawsuits to which the Federal Circuit Court of Appeals apparently opened the door when it ruled that the penalty could be imposed under the law on a per unit basis. Shook,  Partner Peter Strand is focusing on false marking issues in his May and June IpQ newsletters. The May issue can be accessed here.