Hot Pocket ‘Crisping’ Patent Abuse Plaintiff Loses Rehearing Bid

July 28, 2020, 9:04 PM UTC

Inline Packaging LLC failed to convince the full Eighth Circuit Tuesday to consider claims that rival Graphic Packaging International LLC violated antitrust laws by leveraging its patents on microwave “crisping sleeve” technology to wrest away contracts involving Nestle’s Hot Pockets.

Inline’s lawsuit, which a three-judge appellate panel rejected six weeks ago, accused Graphic of wrongly asserting bogus patents to snag the Hot Pocket crisping sleeve business after nonparty Nestle awarded it to Inline. The patents were previously the focus of infringement litigation between Inline and Graphic.

The suit also targeted Inline’s “multi-year, multi-product supply agreements” with all of its ...

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