Juicy Whip, Inc. v. Orange Bang, Inc.

185 F.3d 1364 (Fed. Cir. 1999)

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Nature of the Case

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Facts

P is the assignee of a patent which is entitled 'Post-Mix Beverage Dispenser With an Associated Simulated Display of Beverage.' A 'post-mix' beverage dispenser stores beverage syrup concentrate and water in separate locations until the beverage is ready to be dispensed. The syrup and water are mixed together immediately before the beverage is dispensed, which is usually after the consumer requests the beverage. In a 'pre-mix' beverage dispenser, the syrup concentrate and water are pre-mixed, and the beverage is stored in a display reservoir bowl until it is ready to be dispensed. A pre-mix display bowl, however, has a limited capacity and is subject to contamination by bacteria. It, therefore, must be refilled and cleaned frequently. The invention claimed in the '405 patent is a post-mix beverage dispenser that is designed to look like a pre-mix beverage dispenser. P sued D claiming that D infringed its patent. D moved for summary judgment of invalidity, and the district court granted D's motion on the ground that the invention lacked utility and thus was unpatentable under 35 U.S.C. § 101. The court concluded that the invention lacked utility because its purpose was to increase sales by deception, i.e., through imitation of another product. An invention lacks utility, the court stated, if it confers no benefit to the public other than the opportunity for making a product more salable. The court also held that the invention lacked utility because it 'is merely an imitation of the pre-mix dispenser,' and thus does not constitute a new and useful machine. P appealed.