Searching over 5,500,000 cases.


searching
Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.

Henny Penny Corp. v. Frymaster LLC

United States Court of Appeals, Federal Circuit

September 12, 2019

HENNY PENNY CORPORATION, Appellant
v.
FRYMASTER LLC, Appellee

          Appeal from the United States Patent and Trademark Office, Patent Trial and Appeal Board in No. IPR2016-01435.

          Allen Marcel Sokal, Potomac, MD, argued for appellant. Also represented by Kevin W. Kirsch, Baker & Hostetler LLP, Cincinnati, OH; Donald E. Burton, Faruki Ireland Cox Rhinehart & Dusing PLL, Dayton, OH.

          Joseph Allen Loy, Kirkland & Ellis LLP, New York, NY, argued for appellee. Also represented by Aaron D. Resetarits; Eugene Goryunov, Chicago, IL; Jason M. Wilcox, Washington, DC.

          Before Lourie, Chen, and Stoll, Circuit Judges.

          LOURIE, CIRCUIT JUDGE.

         Henny Penny Corporation ("HPC") appeals from the inter partes review decision of the United States Patent and Trademark Office Patent Trial and Appeal Board (the "Board") holding claims 1-3, 5-12, 17-21, and 23 of U.S. Patent 8, 497, 691 (the "'691 patent") not unpatentable as obvious. Henny Penny Corp. v. Frymaster L.L.C., No. IPR2016-01435, 2017 WL 6551237 (P.T.A.B. Dec. 21, 2017) ("Decision"). Because substantial evidence supports the Board's findings and the Board properly credited evidence of secondary considerations, we affirm.

         I. Background

         This case relates to deep fryers. During frying, cooking oil gradually degrades and loses its cooking capacity, generating impurities called total polar materials ("TPMs"). '691 patent col. 1 ll. 25-32. The '691 patent, owned by appellee Frymaster LLC, describes a system for measuring the state of cooking oil degradation with a TPM sensor. When the sensor detects that TPM levels are too high, the system instructs the fryer operator to change the oil. See id. col. 4 ll. 53-55. The purpose of the TPM sensor is to ensure that oil is neither "wasted by being prematurely changed" nor "overused thereby tainting food and harming consumers." Id. col. 4 ll. 55-57.

         Claim 1 of the '691 patent is representative and identifies two relevant characteristics of the TPM sensor: (1) the sensor is positioned within an adapter located between drain and return pipes that circulate oil between the fryer pot and the sensor; and (2) the sensor "measure[s] an electrical property that is indicative of [TPMs] as the cooking oil flows past [the] sensor and is returned to [the fryer pot]." Id. col. 6 ll. 20-37. The claim reads in full as follows:

1. A system for measuring the state of degradation of cooking oils or fats in a deep fryer comprising:
at least one fryer pot;
a conduit fluidly connected to said at least one fryer pot for transporting cooking oil from said at least one fryer pot and returning the cooking oil back to said at least one fryer pot;
a means for re-circulating said cooking oil to and from said fryer pot; and
a sensor external to said at least on[e] fryer pot and disposed in fluid communication with said conduit to measure an electrical property that is indicative of total polar materials of said cooking oil as the cooking oil flows past said sensor and is returned to said at least one fryer pot;
wherein said conduit comprises a drain pipe that transports oil from said at least one fryer pot and a return pipe that returns oil to said at least one fryer pot,
wherein said return pipe or said drain pipe comprises two portions and said sensor is disposed in an adapter installed between said two portions, and
wherein said adapter has two opposite ends wherein one of said two ends is connected to one of said two portions and the other of said two ends is connected ...

Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.