Gerber Products files rebuttal to Mead Johnson's patent-infringement lawsuit regarding its Enfamil infant formula's EasyScoop plastic packaging; Gerber's Good Start infant formula also has wide-mouth lid, measuring scoop
October 25, 2011
– Gerber Products Co. on Monday filed legal papers that address the charges made by Mead Johnson & Co. LLC in a patent-infringement lawsuit filed in August, reported the Courier & Press on Oct. 24.
Mead Johnson claims that earlier this year, Gerber began using packaging for its Good Start infant formula that is similar to the EasyScoop packaging that was already being used by Mead Johnson for its Enfamil infant formula.
Both products use plastic packaging with a wide-mouth lid, and inside is a measuring scoop, reported the Courier & Press.
Gerber asserts that one or more of the claims made by Mead Johnson are invalid and denies that it has infringed on its competitor’s patent. In addition, the legal filing says that Mead Johnson’s patent has “problems,” said James Johnson, an attorney with Gerber’s legal team.
Johnson refuses to go into further details about the case, and Mead Johnson’s counsel, attorney Brian Williams, also declined to comment on the upcoming litigation, the Courier & Press reported.
Gerber, which is a Fremont, Michigan-based subsidiary of Switzerland-based Nestle SA, further asks the court to dismiss the lawsuit and deny Mead Johnson any of the recovery it seeks from Gerber.
Mead Johnson has requested in its original filing a “reasonable royalty” on the remaining EasyScoop containers, damages, and money to cover its attorney fees, reported the Courier & Press.
The lawsuit was filed in U.S. District Court in Evansville, Indiana, where Mead Johnson has its global operations center and North American headquarters. The company’s executive offices are in Glenview, Illinois, according to its website.
The primary source of this article is the Courier & Press, Evansville, Indiana, on Oct. 24, 2011.