-
Ecolab, Inc. v. FMC Corporation DC
- 0:05-cv-00831
- D. Minn.
- Judge: James M. Rosenbaum
+1
- Filed: 04/26/2005
- Closed: 11/08/2007
- Latest Docket Entry: 03/15/2010
- PACER
1
Plaintiff
1
Defendant
1
Accused
Product
4
Patents-in-Suit
927
Days in
Litigation
-
Ecolab, Inc. v. FMC Corporation DC
- 0:05-cv-00831
- D. Minn.
- Judge: James M. Rosenbaum
+1
- Filed: 04/26/2005
- Closed: 11/08/2007
- Latest Docket Entry: 03/15/2010
- PACER
Causes of Action
Other
Trade Secret
Willful Patent Infringement
Declaratory Judgment
Assigned Judge
Outcome Summary
- Patent Information
-
Validity & Enforceability
| Claim # | Claim Text | Outcome |
|---|---|---|
| 7 |
The method of claim 1 wherein the carcass is selected from a muscle meat including beef, pork, veal, buffalo or lamb.
|
Valid (102 and 103)
Entry 435 Entry 433 |
| 17 |
The method of claim 1 wherein said antimicrobial composition is applied to the carcass by means of a spray.
|
Invalid (102 and 103)
Entry 433 |
| 19 |
The method of claim 1 wherein said antimicrobial composition is applied to the carcass by means of a foam.
|
Invalid (103)
Entry 433 |
| 20 |
The method of claim 1 wherein said antimicrobial composition is applied to the carcass by applying in the form of a thickened or gelled solution.
|
Invalid (103)
Entry 433 |
| 22 |
The method of claim 21 wherein a solution comprising the antimicrobial composition is agitated.
|
Invalid (102 and 103)
Entry 433 |
| Claim # | Claim Text | Outcome |
|---|---|---|
| 1 |
A method of treating an animal carcass or cut meat to reduce a microbial population in resulting cut meat, the method comprising the steps of: spraying an aqueous antimicrobial treatment composition onto said carcass or cut meat at a pressure of
view more
|
Invalid (103)
Entry 433 |
| 2 |
The method of claim 1 wherein the peroxycarboxylic acid comprises peroxyacetic acid, peroxyoctanoic acid, peroxydecanoic acid or mixtures thereof.
|
Invalid (103)
Entry 433 |
| 3 |
The method of claim 1 wherein the carboxylic acid comprises acetic acid, lactic acid or mixtures thereof.
|
Invalid (103)
Entry 433 |
| 4 |
The method of claim 1 wherein the antimicrobial composition comprises at least about 5 wt % hydrogen peroxide.
|
Invalid (103)
Entry 433 |
| Claim # | Claim Text | Outcome |
|---|---|---|
| 7 |
The method of claim 1 wherein the meat product is selected from a muscle meat including beef, pork, veal, buffalo or lamb.
|
Invalid (103)
Entry 433 |
| 17 |
The method of claim 1 wherein said antimicrobial composition is applied to the meat product by means of a spray.
|
Invalid (103)
Entry 433 |
| 19 |
The method of claim 1 wherein said antimicrobial composition is applied to the meat product by means of a foam.
|
Invalid (103)
Entry 433 |
| 20 |
The method of claim 1 wherein said antimicrobial composition is applied to the meat product by applying in the form of a thickened or gelled solution.
|
Invalid (103)
Entry 433 |
| 22 |
The method of claim 21 wherein a solution comprising the antimicrobial composition is agitated.
|
Invalid (103)
Entry 433 |
| 25 |
A method of treating a meat product to reduce a microbial population in the meat product, the method comprising the steps of: spraying an aqueous antimicrobial treatment composition onto said meat product at a pressure of at least 50 psi at a
view more
|
Valid (103)
Entry 435 Entry 433 |
| 26 |
The method of claim 25 wherein the peroxycarboxylic acid comprises peroxyacetic acid, peroxyoctanoic acid, peroxydecanoic acid or mixtures thereof.
|
Valid (103)
Entry 433 |
| 27 |
The method of claim 25 wherein the carboxylic acid comprises acetic acid, lactic acid or mixtures thereof.
|
Valid (103)
Entry 435 Entry 433 |
| 28 |
The method of claim 25 wherein the antimicrobial composition comprises at least about 5 wt % hydrogen peroxide.
|
Valid (103)
Entry 435 Entry 433 |
| Claim # | Claim Text | Outcome |
|---|---|---|
| 1 |
A method for sanitizing fowl that has been killed, plucked and eviscerated, comprising contacting the fowl with an aqueous peracetic acid solution, which consists essentially of a sanitizing concentration of at least a 100 ppm peracetic acid
view more
|
Valid (112)
Entry 435 Entry 433 |
| 2 |
The method of claim 1, wherein the fowl is sanitized by complete immersion in the peracetic acid solution and the solution has from 100 to 2000 ppm of peracetic acid, 19-380 ppm hydrogen peroxide, and a pH of 3-7.
|
Valid (112)
Entry 433 |
| 3 |
The method of claim 2, wherein the solution has from 100 to 1000 ppm peracetic acid, 19-190 ppm hydrogen peroxide, and a pH of 3-5.
|
Valid (112)
Entry 433 |
| 5 |
A method for sanitizing fowl that has been killed, plucked, and eviscerated, comprising sanitizing the fowl by spraying the fowl with an aqueous solution consisting essentially of a sanitizing concentration of at least 100 ppm peracetic acid
view more
|
Valid (112)
Entry 435 Entry 433 |
| 6 |
The method of claim 5, wherein the solution has from 100 to 2000 ppm peracetic acid, 19-380 ppm hydrogen peroxide, and a pH of 3-7, and the fowl is sanitized by thoroughly spraying the fowl with the peracetic acid solution.
|
Valid (112)
Entry 435 Entry 433 |
| 7 |
The method of claim 6, wherein the solution has from 100 to 1000 ppm peracetic acid, 19-190 ppm hydrogen peroxide, and a pH of 3-7.
|
Valid (112)
Entry 435 Entry 433 |
-
Infringement
FMC Corporation
- 4 Details
| Accused Product | Patent # | Claim # | Outcome |
|---|---|---|---|
| FMC 323 | US 5,632,676 A |
1, 5, 6, 7
|
Willful infringement
Entry 435Entry 433 |
| FMC 323 | US 6,010,729 A |
7, 17, 22
|
Willful infringement
Entry 435Entry 433 |
| FMC 323 | US 6,103,286 A |
1, 2, 3, 4
|
Willful infringement
Entry 435Entry 433 |
| FMC 323 | US 6,113,963 A |
7, 17, 22, 25, 26, 27, 28
|
Willful infringement
Entry 435Entry 433 |
-
Damages
Total Damages:
$1,739,519.61Other Costs:
$1,895,783.41Dockets:
- Reasonable Royalty: $713,341.61
- Compensatory Damages: $250,000.00
- Enhanced Damages: $776,178.00
- Attorney Fees: $1,739,678.41
- Pre Judgment Interest: $156,105.00
