Kraft, the company known for Lunchables, mac and cheese, and Jell-O foods, has begun the legal process of taking D6 Inc to court over a patent infringement.
D6 is a packaging company that has run into trouble with Kraft in the past. Reportedly, D6 used two of Kraft’s design patents without permission of the patent holder in July of this year. After failing to acknowledge the cease-and-desist letter from Kraft, the food manufacturer has decided to take D6 to District Court for the District of Oregon.
Both of the patents infringed upon include “Package,” referring to Kraft’s Portable Protein Packs that have been around for four years. The patents infringed upon were numbers D798,738 and D780,599.
The initial cease-and-desist letter notified the president and CEO of D6, Edward Dominion, that their packaging was infringing on Kraft’s patents.
Even with a provisional patent, Kraft would still be able to protect its invention, whether it be design, material, or method, for a period of 12 months. However, Kraft received the design patent, ensuring that its design can be protected for 20 years.
The complaint filed to the District of Oregon explains the patent infringement.
“In addition, D6, with knowledge of the Kraft patents, has indirectly infringed the Kraft patents by, among other things, providing packages to third parties with the intent to induce third parties to violate one or more of the Kraft patents,” the complaint listed.
Kraft has taken an interest in packaged food, in particular, this year. The Kraft Heinz conglomerate is interested in foods that have a long shelf life with the potential to travel outside the country with ease.
Reportedly, the Kraft Heinz merger has began the shift from its two-year integration phase after the merger to work on reinvesting.
“Brands that have stronger awareness and have been here for decades and have the potential of something very big in (the) international place are always brands that attract us,” said Bernardo V. Hees, the chief executive officer at the Kraft Heinz company.
With new packaging products in the works, it’s more important than ever that the Kraft label remains strong.
As of right now, the Kraft Heinz company is requesting damages from D6’s use of its design patent. On top of that, they’re requesting a permanent injunction that works to prevent D6 from ever infringing on Kraft’s patents again in a trial by jury.