New Theories Not Permitted In IPR Reply Brief, PTAB Litigation Blog
In Henny Penny Corp. v. Frymaster L.L.C., No. IPR2016-01435, (P.T.A.B. Mar. 16, 2017), the petitioner (HPC) challenged certain claims of U.S. Patent No. 8,497,691, owned by HPC’s competitor, Frymaster. The ’691 patent relates to deep fryers, and is directed to a system for determining when cooking oil has become degraded and needs to be changed. The system does so by measuring and monitoring certain impurities in the oil called total polar materials (“TPMs”). When the TPM levels are too high, the system instructs the operator to change the oil in the fryer.
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