The motion for a preliminary injunction follows the lawsuit filed on August 27, 2007, in the United States Federal District Court for the Northern District of California in San Francisco, alleging that the new plastic container for Maxwell House coffee directly infringes a P&G patent on Folgers Coffee. The new motion allows the district court to quickly intervene to stop continued and further infringement of P&G's patent.

In the motion for a preliminary injunction, P&G states that Folgers brand faces irreparable harm from Kraft's continued infringement. P&G requests court action to stop Kraft from continuing to manufacture and distribute Maxwell House coffee in their plastic containers.

In 2003, following many years of research and development work, P&G introduced the plastic canister for Folgers ground roast coffee and the patented canister soon became a consumer-preferred package in the US coffee industry.

This innovation in package design has grown the Folgers business for the past four years. Consistent with the company's history of protecting its patents and intellectual property, P&G is taking legal action to protect Folgers' competitive advantage and investment in product innovation.

"We believe this is a case of clear infringement designed to take advantage of the consumer goodwill and business growth that P&G developed through its patented innovation on the Folgers brand," P&G Chief Legal Officer Jim Johnson said.

"We are asking the court for a preliminary injunction because this is such a serious case of patent infringement. We must protect the intellectual property of P&G brands," he added.

P&G Company has one of the strongest portfolios of trusted, quality, leadership brands, including Pampers, Tide, Ariel, Always, Whisper, Pantene, Mach3, Bounty, in addition to many others.

source: ag-IP news