Patent for peanut butter and jelly sandwichIn 1999, a U.S. patent was granted for making a “Sealed Crustless Sandwich,” (No. 6,004,596), to David Geske and Len C. Kretchman of Menusaver, Inc. From 1995, they had successfully marketed their product to schools. Smucker bought the company and introduced “Uncrustables.” Shortly, Smucker alleged patent infringement by Abbie's Foods, Inc., a grocer and caterer, warning them to cease selling a crustless peanut butter and jelly sandwich. Albie's appealed to federal court (11 Jan 2001). Challenging the patent, Albie's requested (9 Mar 2001) a Patent Office re-examination. A patent requires non-obviousness, and is invalidated by any prior useage. Despite Smucker's further patent filings and appeals, the Patent Office finally cancelled the improvident patent (8 Dec 2006).« |
