Court Erred By Squeezing Ketchup Packet Suit Against Heinz Into Patent Law

A plaintiff, who owns a patent on a condiment container, wasn’t asserting claims that conflicted with federal patent law when he filed breach of implied contract and unjust enrichment claims against Heinz, the Third Circuit ruled July 21 in a nonprecedential opinion (Wawrzynski v. H.J. Heinz Co., 3d Cir., 13-4100, 7/21/14).

The plaintiff alleged that after a meeting with Heinz officials about his ketchup packet, the company used his marketing ideas without payment or attribution to launch a competing ketchup dispenser. The Third Circuit concluded that these claims weren’t seeking patent-like remedies, and thus it said the district ...