Food and Beverage IP Still Highly Competitive Part II
There are many cases where a company may choose to file continuation applications. For example, in the food and beverage industry, a parent application may be directed towards a system for packaging food, and then a continuation application may have coverage on a method for packaging the food. This approach may have advantages for obtaining patent coverage on various aspects of an invention, while maintaining the benefit of an earlier filing date. As shown in the recent Nestle USA, INC. v. STEUBEN FOODS, INC. case, it is important to keep in mind that continuation applications may be subject to similar interpretation as related patent applications. In particular, a decision was recently rendered in favor of Nestlé with regards to an aseptic food packaging patent to Steuben Foods, Inc. (U.S. Pat. No. 6,481,468 B1). ...