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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

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

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

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

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
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

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/nphParser?Sect1=PTO1&Sect2=HITOFF&d=PAL
L&p=1&u=%2Fnetahtml%2FPTO%2Fsrchn
um.htm&r=1&f=G&l=50&s1=6,004,596.PN.
&OS=PN/6,004,596&RS=PN/6,004,596
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/

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?
Discussion Question 4

Do you think Smucker's did or did not get
the patent it was requesting?
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-rejectspatent-pbj/#.UL8IsBHhz2Q
Thank You