JUICY WHIP, INC. V. ORANGE BANG, INC.
185 F.3d 1364 (Fed. Cir. 1999)
NATURE OF THE CASE: Juicy (P) appealed a judgment which granted Orange's (D) motion for
summary judgment on grounds that P's invention lacked utility and was unpatentable.
FACTS: P is the assignee of a patent which is entitled 'Post-Mix Beverage Dispenser With
an Associated Simulated Display of Beverage.' A 'post-mix' beverage dispenser stores
beverage syrup concentrate and water in separate locations until the beverage is ready to be
dispensed. The syrup and water are mixed together immediately before the beverage is
dispensed, which is usually after the consumer requests the beverage. In a 'pre-mix'
beverage dispenser, the syrup concentrate and water are pre-mixed and the beverage is stored
in a display reservoir bowl until it is ready to be dispensed. A pre-mix display bowl,
however, has a limited capacity and is subject to contamination by bacteria. It therefore
must be refilled and cleaned frequently. The invention claimed in the '405 patent is a
post-mix beverage dispenser that is designed to look like a pre-mix beverage dispenser. P
sued D claiming that D infringed its patent. D moved for summary judgment of invalidity, and
the district court granted D's motion on the ground that the invention lacked utility and
thus was unpatentable under 35 U.S.C. 101.The court concluded that the invention lacked
utility because its purpose was to increase sales by deception, i.e., through imitation of
another product. An invention lacks utility, the court stated, if it confers no benefit to
the public other than the opportunity for making a product more salable. The court also held
that the invention lacked utility because it 'is merely an imitation of the pre-mix
dispenser,' and thus does not constitute a new and useful machine. P appealed.
ISSUE:
RULE OF LAW:
HOLDING AND DECISION:
LEGAL ANALYSIS:
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