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You Make the Call

You Make the Call. Can a Company Patent How It Makes a Peanut Butter and Jelly Sandwich?. Elise Huyen. Introduction. J.M. Smucker Company Founded in 1897 H.Q. in Orrville, Ohio, USA Smucker is a manufacturer of fruit spreads, ice cream toppings, beverages, shortening, natural peanut butter.

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You Make the Call

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  1. You Make the Call Can a Company Patent How It Makes a Peanut Butter and Jelly Sandwich? Elise Huyen

  2. Introduction • J.M. Smucker Company • Founded in 1897 • H.Q. in Orrville, Ohio, USA • Smucker is a manufacturer of fruit spreads, ice cream toppings, beverages, shortening, natural peanut butter

  3. Smucker's Uncrustables • crustless peanut butter and jelly sandwich sealed inside soft bread • Developed in 1995 • David Geske and Len Kretchman • Bought by Smucker's in 1999

  4. Smucker's Battle • Round 1: Smucker's Versus Albie's Foods • To stop Albie's Foods selling their own sandwich to local school district • Albie's contented that the "pasty" had been a popular food since 1880s

  5. Smucker's Battle • Round 2: Smucker's and the Patent Office • To get general patent from USPTO • The gist of argument: it's sandwich's sealed edge is unique and its layering approach is one-of-a-kind • Patent office's view: the crimped edge is similar to the edge in ravioli and pie crusts

  6. Smucker's Battle • Round 3: Smucker's Appeals • appealed the patent office's decision to the U.S. Court of Appeals • argued points • the method for making the Uncrustables is unique • unfair to let other companies copy and benefit from Smucker's hard work and the money invested to produce unique product

  7. Broader Issues Involved • Critics • Smucker's shouldn't get the patent because it will dter other food companies from making their own versions of PB&J • will keep the price Uncrusteables high • Advocates • patents motivate a company to invest in new-product innovation • absent patent protection would have no incentive to develop a product

  8. Discussion Question 1 • After reading the Patent No. 6,004,596, are you more inclined or less inclined to side with the Smucker's point of view? • http://patft.uspto.gov/netacgi/nph-Parser?Sect1=PTO1&Sect2=HITOFF&d=PALL&p=1&u=%2Fnetahtml%2FPTO%2Fsrchnum.htm&r=1&f=G&l=50&s1=6,004,596.PN.&OS=PN/6,004,596&RS=PN/6,004,596

  9. Discussion Question 2 • After looking the Smucker's Web site, are you more inclined or less inclined to side with the Smucker's point of view? • http://www.smuckers.com/ • http://www.smuckersuncrustables.com/

  10. Discussion Question 3 • In regard to the arguments espoused by the "critics" of the U.S. patent system and the "advocates" of the U.S. patent system, which of the points of view do you agree with?

  11. Discussion Question 4 • Do you think Smucker's did or did not get the patent it was requesting?

  12. Discussion Question 4 2005-04-08 Court rejects J.M. Smucker’s PB&J patent - Business - US business - Food Inc. - NBC News http://www.msnbc.msn.com/id/7432980/ns/business-us_business/t/court-rejects-patent-pbj/#.UL8IsBHhz2Q

  13. Thank You

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