Hot Pocket ‘Crisping’ Patent Abuse Claims Rejected on Appeal

June 18, 2020, 4:30 PM UTC

Graphic Packaging LLC didn’t violate antitrust laws or interfere with a rival’s business when it leveraged its patents on microwave “crisping sleeve” technology to win contracts involving Nestle’s Hot Pockets away from Inline Packaging LLC, the Eighth Circuit ruled Thursday.

Inline’s lawsuit accused Graphic of wrongly asserting bogus crisping patents—which were previously the subject of infringement litigation between them—to steal away the Hot Pocket crisping sleeve business after nonparty Nestle had initially awarded it to Inline.

The suit also targeted Inline’s “multi-year, multi-product supply agreements” with all of its customers except Nestle. It alleged monopolization based on fraudulent patent procurement, ...

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