On December 10, 2014, the United States Court of Appeals for the Federal Circuit sitting in Washington, D.C. issued its decision upholding the complete dismissal of all claims against Slater Hersey & Lieberman LLP’s client, Rehrig Pacific Company.
Rehrig Pacific engaged Slater Hersey & Lieberman LLP in 2011 to defend it against a lawsuit brought by Gerawan Farming, Inc. concerning the alleged ownership of the design, manufacturing and sales rights for certain plastic injection-molded grape lugs and stone fruit harvest totes widely used throughout the California farming community. Gerawan Farming alleged claims of patent co-inventorship, trademark infringement in violation of the federal Lanham Act, fraud, misappropriation, and unfair business practices. Gerawan Farming demanded nearly $7 million in royalties and an injunction prohibiting Rehrig Pacific from selling the products.
Slater Hersey & Lieberman LLP achieved complete dismissal of all claims against Rehrig Pacific prior to trial. The District Court also awarded Rehrig Pacific attorneys’ fees as the prevailing party on the patent inventorship claim and based on a finding of litigation misconduct by Gerawan Farming and its attorneys. Gerawan Farming appealed.
Scott Lieberman argued the appeal before a three-judge panel of the Federal Circuit Court of Appeals on December 3, 2014. Just one week later, the Federal Circuit issued its opinion affirming the complete dismissal of all claims against Rehrig Pacific and upholding its award of attorneys’ fees.
About Rehrig Pacific Company
Founded in 1913, Rehrig Pacific is both the industry and market share leader for the design, manufacture and production of commercial containers, bins and carts. It uses 100% recyclable materials throughout its product lines and employs a strict recycling and energy efficient practice for its manufacturing. Based in Los Angeles, California, Rehrig Pacific’s footprint has expanded to seven other manufacturing plants throughout the Unites States and in Mexico. With additional sales offices in the United Kingdom, Brazil and Hong Kong, and a growing network of licensees worldwide, Rehrig Pacific has an experienced team of experts capable of developing, designing, manufacturing and distributing sustainable and reusable packaging and containers around the globe.
Rehrig Pacific Company
4010 E. 26th Street
Los Angeles, CA 90058 USA
Phone: (800) 421-6244
Fax: (323) 269-8506