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NESPRESSO USA, INC. v. ETHICAL COFFEE CO. SA

Civil Action No. 16-194-GMS.

263 F.Supp.3d 498 (2017)

NESPRESSO USA, INC., Plaintiff, v. ETHICAL COFFEE COMPANY SA, Defendant-Counterclaim Plaintiff. Ethical Coffee Company SA and Ethical Coffee Corporation, Counterclaim Plaintiffs, v. Nespresso USA, Inc., Nestle Nespresso SA, Nestlé SA and Nestec SA, Counterclaim Defendants.

United States District Court, D. Delaware.

Signed July 13, 2017.

Editors Note
Applicable Law: 28 U.S.C. § 2201
Cause: 28 U.S.C. § 2201 Declaratory Judgment
Nature of Suit: 830 Patent
Source: PACER

Attorney(s) appearing for the Case

Nestlé and its subsidiaries are represented by Carmine R. Zarlenga, Adam L. Hudes, Stephen M. Medlock, A. John P. Mancini, and B. Clayton McCraw of Mayer Brown LLP and Michael J. Flynn and Jack B. Blumenfeld of Morris Nichols Arsht & Tunnell LLP.

Ethical Coffee Company is represented by Steve W. Berman and Jerrod C. Patterson of Hagens Berman Sobol Shapiro LLP and Brian E. Farnan and Michael J. Farnan of Farnan LLP.

MEMORANDUM OPINION

I. INTRODUCTION

On December 21, 2015, Nespresso USA filed a complaint against Ethical Coffee Company SA ("ECC") requesting declaratory judgment that Nespresso USA does not infringe ECC's U.S. Patent No. 9,113,746 (the "'746 Patent"). (D...

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