Steuben Foods, Inc. v. Nestle USA, Inc.

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Aseptic packaging involves putting a sterile food product into a sterile package within a sterile environment. Steuben’s 435 patent is generally directed to providing such a sterile environment in a sterilization tunnel. Sterile air, pressurized to a level above atmospheric pressure, flows out of the tunnel, ensuring that contaminants cannot flow into it. The aseptic sterilant used in the apparatus may be hydrogen peroxide. Nestlé challenged claims of the 435 patent in an inter partes review. The Patent Trial and Appeal Board instituted trial on claims directed to the sterilization tunnel and found that several of the challenged claims would have been obvious to a person of ordinary skill in the art in view of prior art references in the record. The Federal Circuit affirmed, upholding the construction of “sterilant concentration levels” to be the levels measured “at any point within the sterilization tunnel— including the ‘residual’ concentration on bottle surfaces— such that the 5 to 1 ratio is satisfied.” Substantial evidence supports the Board’s obviousness determination based on prior art. View "Steuben Foods, Inc. v. Nestle USA, Inc." on Justia Law