Kraft Foods Group Brands LLC v. TC Heartland, LLC, C.A. No. 14-028 - LPS, March 7, 2016
Stark, C. J. Court considers 7 terms from 3 patents in Markman proceedings. A hearing was held on January 5, 2016 and post-hearing letters were sent on January 13 and 19, and although sent without permission from the court, they were considered.
The disputed technology relates to shelf-stable, flavored liquid beverage concentrates and packaging. The court points out that the far preferable practice in such circumstances is to confer with opposing counsel and present a joint request for leave to file an uninvited post-hearing submission. The following terms were construed:
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“to provide the concentrate with at least about 5 times more acid than an otherwise identical non-buffered concentrate having the same pH”
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“selected” (in "selected to provide")
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“A pH of about 1.9 to about 2.4”
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“A pH of less than about 2.4”
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“about 65 percent water by weight”
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“up to about [10.0/3.0/10] percent buffer by weight”
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“A container containing a liquid concentrate and configured for squeezing to dispense a jet of the liquid concentrate”