A Legal Saga Years in the Making
This was no overnight victory. The Patent Trial and Appeal Board (PTAB) upheld part of Gamon’s patents in 2018, allowing the company’s claims to proceed after Campbell and Trinity Manufacturing sought to invalidate them.
During those proceedings, judges grilled Gamon’s counsel over whether the design patent protected the rack itself or the cans it displayed.
“How could a design patent for a rack only accommodate a certain type of can?” asked U.S. Circuit Judge Kimberly A. Moore, musing whether the same gravity-fed concept could dispense soda, Pringles, or even industrial drums.
The Federal Circuit ultimately affirmed in part and vacated in part the PTAB’s earlier findings, paving the way for this year’s trial — and the jury’s decisive multimillion-dollar verdict.
Industry Fallout and Next Steps
The decision marks a major win for Gamon, a longtime supplier that reportedly sold over $31 million worth of racks to Campbell between 2000 and 2007. It also underscores the high-stakes nature of design patents in the world of retail merchandising.
A Campbell spokesperson declined to comment, citing the ongoing nature of the matter. Representatives for Kroger, Meijer, and Trinity did not immediately respond to requests for comment late Monday.