Court Grants Summary Judgment Of Non-Infringement In K-Cup Patent Suit

Keurig, Inc. v. JBR, Inc., C.A. No. 11-11941-FDS, 2013 WL 2304171 (D. Mass. May 24, 2013) (Saylor, D.J.) [Summary Judgment of Non-Infringement]

Plaintiff Keurig, Inc. ("Keurig") filed suit contending that the coffee cartridges of Defendant JBR, Inc. ("JBR") infringed upon Keurig's three patents. The three patents are: (1) U.S. Patent No. D502,362 (the "'D362 patent"), a design patent directed to a disposable beverage filter cartridge, (2) U.S. Patent No. 7,347,138 (the " '138 patent"), a utility patent directed to an apparatus for brewing a single cup of coffee using a removable beverage cartridge, and (3) U.S. Patent No. 7,165,488 (the "'488 patent"), a utility patent directed to a method for use of the same apparatus. JBR moved for summary judgment of non-infringement on all three patents. For the reasons outlined below, the District Court (Saylor, D. J.) granted summary judgment confirming non-infringement of the 'D362 patent, the '138 patent, and the '488 patent.

The 'D362 Design Patent

Because the 'D362 patent is a design patent, the Court applied the "ordinary observer" test. Under that test, infringement occurs "if, in the eye of an ordinary observer, giving such attention as a purchaser usually gives," an interested purchaser would find the two designs substantially the same and be induced to purchase a product believing it to be the commercial...