The Federal Circuit today upheld a verdict and judgment that Dippin’ Dots couldn’t enforce its novelty ice cream patent against competitor Frosty Bites.  Dippin’ Dots, Inc. v. Mosey, Nos. 2005-1330 & 2005-1582 (Fed. Cir. Feb. 9, 2007) (holding patent claims "obvious" and unenforceable due to inequitable conduct in failure to disclose early sale).  But the sweet victory for Frosty Bites didn’t extend to its trial win on an antitrust counterclaim.  The court found insufficient evidence of fraud by Dippin’ Dots.

Barry Barnett

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